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REPORT 

of 

Frank  Farrington 

President 

District  Number  Twelve 

, United  Mine  Workers 
of  America 


Twenty-Ninth  Consecutive 
and  Fourth  Biennial  Convention 
Peoria,  November  8,  1921 


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L161— H41 

REPORT 

OF 

Frank  Farrington 

President 

District  Number  Twelve 

United  Mine  Workers 
of  America 

Twenty-ninth  Consecutive 
and  Fourth  Biennial  Convention 
Peoria,  November  8,  1921 

* 

THE  LIBRARY  OF  THE 

DEC  8 - ms 


THB  EDW.  F.  HARTMANN  CO. 
PRINTERS 

SPRINGFIELD,  ILLINOIS 


To  the  Delegates  Composing  the  Twenty-Ninth  Consecutive  and 

Fourth  Biennial  Convention,  United  Mine  Workers  of  America, 

District  Number  Twelve. 

GREETING: 

Again  it  is  my  privilege  to  report  to  you  concerning  the  affairs 
of  our  Union. 

In  preparing  my  report  I have  mentioned  only  such  matters  as 
in  my  judgment  should  he  brought  to  your  attention  so  that  you  may 
be  informed  and  prepared  to  design  such  rules  as  may  he  necessary 
to  promote  and  perpetuate  our  Union. 

Work  of  District  Officers. 

For  the  period  extending  from  January  1,  1919  to  July  1,  1921 
we  had  42  Joint  Board  meetings  with  the  representatives  of  the 
Illinois  Coal  Operators  Association.  These  42  meetings  took  up 
96  days  of  our  time  and  resulted  in  the  disposition  of  910  disagree- 
ments arising  out  of  our  wage  agreement,  which  the  field  workers 
had  been  unable  to  settle  in  the  field. 

We  also  had  16  Joint  Board  meetings  with  the  representatives  of 
the  5th  and  9th  Districts  Coal  Operators  Association,  which  took  up 
63  days  of  our  time  and  during  which  565  cases  were  disposed  of.  We 
also  had  7 meetings  with  the  representatives  of  the  Central  Illinois 
Coal  Operators  Association,  which  took  up  17  days  of  our  time 
and  during  which  148  disagreements  were  disposed  of. 

Taking  into  account  all  the  meetings  held  with  the  three 
Operators  Associations  mentioned  we  attended  65  Joint  meetings 
which  took  up  176  days  of  our  time  and  during  which  1623  disputes 
arising  out  of  our  wage  agreement,  and  which  could  not  be  settled 
in  the  field,  were  disposed  of. 

During  this  same  period  1155  disputes  arising  in  mines  under 
the  jurisdiction  of  the  Illinois  Coal  Operators  Association  and  796 
arising  in  mines  under  the  jurisdiction  of  the  5th  and  9th  Districts 
Coal  Operators  Association  and  288  arising  in  mines  under  the 
jurisdiction  of  the  Central  Illinois  Coal  Operators  Association  were 
handled  by  your  district  representatives  and  settled  in  the  field  with 
the  various  operators  commissioners. 

Considering  the  cases  settled  with  the  operators  commissioners 
and  those  disposed  of  by  the  Joint  Board  3862  disputes  as  to  wages 
' and  working  conditions  were  disposed  of  by  your  district  officers. 
These  3862  cases  do  not  take  into  account  the  innumerable  disputes 
that  were  settled  by  your  district,  sub-district  and  local  officers 
without  getting  to  the  operators  commissioners. 


4 


During  this  same  time  we  had  38  meetings  of  your  District 
Executive  Board  which  took  up  75  days  of  our  time  and  during 
which  1875  internal  disputes,  appeals  and  grievances  and  constitu- 
tional questions  and  organization  policies  were  passed  upon.  In 
the  meantime  we  have  attended  wage  scale  conferences  and  con- 
ventions, answered  the  wants  of  many  committees  and  individual 
members  who  have  visited  the  district  office  seeking  counsel  and 
advice  and  we  have  devoted  much  time  to  addressing  our  members, 
to  attending  to  a voluminous  correspondence  and  to  a multiplicity 
of  duties  in  the  office  and  in  the  field. 

Cost  of  Running  District  Organization. 

For  the  two  and  one-half  years  beginning  January  1,  1919  and 
ending  July  1,  1921  there  was  expended  for  all  administrative  pur- 
poses, namely  salaries  and  expenses  of  all  elective  officers,  scale 
committeemen,  and  all  appointed  field  and  office  workers,  except- 
ing those  employed  in  the  Legal  Department,  office  expense,  print- 
ing, supplies,  telephone,  telegraph,  postage,  express  and  rent  and 
all  other  expense  necessary  to  the  successful  operation  of  the  District 
Organization,  a total  of  seven  hundred  and  twenty-eight  thousand, 
one  hundred  and  eight  dollars  and  ninety-eight  cents  ($728,108.98). 

Considered  in  the  aggregate  this  seems  to  be  ah  enormous 
amount  to  expend  for  administrative  purposes,  but  an  analysis  re- 
veals that  the^cost  was  but  eight  dollars  and  twenty-one  cents  ($8.21) 
per  member  for  the  period  covered,  or  at  the  rate  of  three  dollars  and 
twenty-eight  cents  ($3.28)  per  member  per  year,  which  is  but  twenty- 
six-c^ts— (26c)  per  member  more  than  it  cost  to  pay  our  death 
indemnity  claims  for  the  same  period. 

Indemnity  Paid  Account  Deceased  Members. 

For  the  period  of  two  and  one-half  years  beginning  January  1, 
1919  and  ending  with  July  1,  1921,  there  was  paid  out  of  your 
District  Treasury  on  account  of  deceased  members  of  the  District 
Organization,  a grand  total  of  six  hundred  and  sixty-nine  thousand 
five  hundred  and  fifty  dollars  ($669,550.00).  This  was  done  at  a 
per  capita  cost  to  our  membership  of  seven  dollars  and  fifty-five 
cents  ($7.55)  for  the  full  period  stated,  or  at  a cost  of  three  dollars 
and  two  cents  ($3.02)  per  member  per  year. 

The  practice  of  paying  the  indemnity  provided  for  in  section 
24,  article  19  of  our  District  Constitution  is  a rule  with  which  all 
should  be  pleased.  The  cost  to  our  membership  is  infinitesimal  and 
the  practice  insures  to  every  member,  of  thirty  days  membership  in 
our  District  Union,  a decent  burial  in  the  event  of  death  while  a 
member  of  this  district. 

However,  it  has  come  to  my  attention  that  some  of  our  members 
draw  their  transfer  cards  and  go  into  other  districts  to  work  but 
refuse  to  deposit  their  cards  in  the  other  districts  until  the  card  is 


5 


nearly  lapsed.  Under  our  International  Law  a member  drawing  a 
transfer  card  is  regarded  as  being  a member  of  the  local  issuing  the 
card  until  it  is  lapsed  or  deposited  with  another  local.  Consequently 
a member  leaving  this  district  with  a card  in  his  possession  can  go 
into  a sparsely  organized  district  and  work,  but  by  refusing  to 
deposit  his  card  he  would  still  be  regarded  as  being  a member  of  this 
district  for  a period  of  three  months  after  going  to  work  in  the  other 
district  and  in  the  event  of  death  any  time  during  the  three  months 
this  district  would  be  obligated  to  pay  the  death  indemnity,  not- 
withstanding the  member  was  employed  in  another  district  at  the 
time  of  death.  To  allow  this  is  an  injustice  to  the  men  who  are  try- 
ing to  organize  sparsely  organized  districts  and  an  imposition  on 
the  members  of  this  district.  Therefore,  I recommend  that  the  pro- 
per section  of  our  Constitution  be  so  amended  as  to  prevent  this 
practice. 

Cost  of  Legal  Department. 

From  January  1,  1919  to  July  1,  1921,  a period  of  two  and  one- 
half  years,  the  total  operating  cost  of  your  Legal  Department  was 
two  hundred  and  nineteen  thousand  five  hundred  and  ninety-one 
dollars  and  ninety-nine  cents  ($219,591.99).  This  means  that  the 
operating  cost  for  the  entire  period  mentioned  was  two  dollars  and 
forty-seven  cents  ($2.47)  per  member  or  less  than  one  dollar  ($1.00) 
per  member  per  year.  The  amount  paid  out  for  this  purpose  in- 
cluded the  salaries  and  expenses  of  all  attorneys,  investigators  and 
office  employees  and  all  office  and  field  expense,  in  fact  every  item 
of  expense  incident  to  the  successful  operation  of  your  Legal  Depart- 
ment. 

The  service  rendered  to  individual  members  and  their  depend- 
ents in  the  way  of  important  court  decisions  secured  by  our  attorneys 
and  compensation  collected  cannot  be  accurately  calculated.  How- 
ever, an  idea  of  the  service  rendered  can  be  gained  from  the  knowl- 
edge that  since  the  Workmen’s  Compensation  Act  became  effective 
on  May  1,  1912  and  up  to  the  end  of  the  year  1920,  but  not  including 
the  years  of  1914  and  1916,  for  which  years  no  statistics  are  avail- 
able, a grand  total  of  twa  hundred  and  nine  thousand  one  hundred 
and  ninety-four  (209,194)  accidents  were  reported  to  the  Industrial 
Board  as  having  occurred  in  all  lines  of  industry  in  the  state.  For 
these  accidents  there  was  paid  as  compensation  a grand  total  of 
twenty-eight  million  fifty-three  thousand  nine  hundred  and  seventy- 
three  dollars  and  fifty  cents  ($28,053,973.50).  Of  the  grand  total  of 
all  accidents  that  occurred  during  the  period  stated  but  thirty-six 
thousand  six  hundred  and  sixty  (36,660)  of  them  occurred  in  coal 
mines,  yet  of  the  grand  total  of  compensation  paid  seven  million  two 
hundred  and  four  thousand  four  hundred  and  seventy-one  dollars 
and  ninety-eight  cents  ($7,204,471.98)  of  the  total  amount  was  paid 
on  account  of  coal  mining  accidents. 

These  figures  should  command  your  sober  thought  and  deduc- 
tions. They  stand  out  in  bold  relief  as  sileut,  invincible  proof  of 


6 


the  efficacy  of  your  Legal  Department  and  they  bespeak  in  stento- 
rian tone  the  value  and  power  of  your  District  Organization,  without 
which  you  could  not  have  a Legal  Department,  and  they  tell  of  the 
creative  power  and  genius  of  those  who  have  brought  your  Legal 
Department  to  its  present  standard  of  efficiency. 

Legal  Department. 

Under  this  caption  I present  a report  prepared  by  your  Chief 
Counsel,  Mr.  A.  W.  Kerr,  concerning  the  work  and  activities  of 
your  Legal  Department.  I commend  it  to  you  for  your  serious 
thought  and  careful  examination.  It  reveals  to  a certain  degree  the 
wonderful  results  accomplished  for  our  members  through  the  Legal 
Department.  His  report  follows : 

‘‘Mr.  Frank  Farrington,  President, 

District  No.  12,  U.  M.  W.  of  A., 

Springfield,  Illinois. 

Dear  Sir : 

In  response  to  your  request  for  a report  of  the  work  of  the 
Legal  Department,  I beg  leave  to  submit  the  following: 

Compensation  Cases. 

At  the  outset  of  a discussion  of  this  phase  of  the  work  of 
the  Legal  Department,  it  is  proper  to  admit  a state  of  vexatious 
delay  in  the  hearing  and  determining  of  the  cases.  This  delay 
was  brought  about  by  causes  which  could  not  be  removed,  even 
with  the  most  diligent  efforts  of  all  the  members  of  the  Legal 
Department.  Sometimes  it  was  felt  that  we  went  beyond  the 
judicious  point  in  our  protests  and-  appeals.  One  of  the  most 
prolific  causes  for  delay  was  in  the  court  reporter  system.  As 
is  well  known,  one  reporter  can  not  transcribe,  successfully,  the 
shorthand  notes  of  another.  As  in  all  walks  of  life,  some  re- 
porters were  diligent  and  others  were  not.  Some  were  possibly 
assigned  more  work  than  others.  At  any  rate  the  hearing  of 
cases  upon  review,  under  the  law,  could  not  be  held  until  a 
transcript  of  the  testimony  taken  before  the  Arbitrator  was 
furnished  by  the  reporter.  The  Industrial  Commission  was 
powerless.  If  they  discharged  a reporter,  there  was  no  way  of 
getting  the  testimony  at  all  except  by  an  appeal  to  the  good 
nature  of  the  reporter.  The  same  was  true  if  he  resigned  or 
was  sick,  and  much  difficulty  was  found  in  attempting  to  get 
the  law  changed  so  as  to  avoid  this  serious  cause  of  delay.  At 
the  last  session  of  the  Legislature  it  was  provided  that  if  for 
any  reason  the  transcript  was  not  furnished  within  thirty  days 
of  the  filing  of  the  petition  for  review,  that  the  Industrial  Com- 
mission might,  upon  the  review  hearing,  hear  all  the  testimony 
over  again. 


7 


We  feel  that  the  situation  is  now  such  that  we  are  justified 
in  demanding  that  cases  taken  to  the  Commission  upon  review 
shall  he  heard  every  thirty  days  at  fixed  periods.  Delay  in  these 
cases  makes  for  the  advantage  of  the  employer  and  brings 
about  suffering  on  the  part  of  the  injured  employe.  One  of  the 
arguments  for  the  Compensation  Law  was  that  it  obviated  the 
delay  of  the  common  law  remedy  for  seeking  damages  for  in- 
juries suffered  in  industrial  conduct.  The  Act  has  a plain  pro- 
vision for  a penalty  to  be  applied  for  unwarranted  delay  in  the 
payment  of  compensation.  This  penalty  has  not  been  applied. 

There  was  for  a time  a decided  drop  in  the  amount  of  the 
awards  of  the  Arbitrators  and  decisions  of  the  Industrial  Com- 
mission based  in  part,  in  my  opinion,  upon  a determined  and 
aggra^sive  campaign  of  propaganda  promulgated  by  the  opera- 
tors of  this  State  that  too  much  compensation  was  awarded 
against  them.  The  peculiar  thing  about  this  propaganda  was 
that  it  emanated  largely  from  operators  who  were  paying  very 
much  less  than  other  operators  who  went  along  and  were  will- 
ing to  pay  men  injured  in  the  coal  industry  their  proper  com- 
pensation. We  are  meeting  this  propaganda  by  every  effort  in 
our  power.  If  the  Operators  of  Illinois  are  now  paying  many 
times  more  than  they  did  for  these  industrial  accidents,  it  is  not 
because  they  are  paying  more  than  they  ought  to  under  the 
law,  but  for  the  reason  that  heretofore  their  payments  were 
grossly  inadequate.  It  is  much  like  the  story  of  the  report  by 
the  representative  of  a minority  political  party  that  the  vote  in 
his  precinct  for  his  party  had  increased  six  hundred  percent. 
When  the  inquiry  was  made  as  to  what  the  vote  was  the  year 
before,  it  was  reported  as  one. 

It  never  was  intended  that  this  law  was  to  be  construed 
harshly  against  the  injured  employee.  It  was  intended  to  have  a 
fair  and  liberal  construction  and  interpretation.  Some  employ- 
ers complain  bitterly  that  the  word  of  the  injured  employee  is 
taken  rather  than  that  of  their  professional  medical  experts. 
One  has  but  to  quote  the  opinion  of  a learned  Justice  of  our  own 
Supreme  Court  to  ascertain  what  the  courts  think  of  the  medical 
expert : 

‘It  was  said  by  a distinguished  judge,  in  a case  before  him, 
if  there  was  any  kind  of  testimony  not  only  of  no  value,  but 
even  worse  than  that,  it  was,  in  his  judgment,  that  of  medical 
experts.  They  may  be  able  to  state  the  diagnosis  of  the  disease 
more  learnedly,  but,  upon  the  question  whether  it  had,  at  a given 
time,  reached  such  a state,  that  the  subject  of  it  was  incapable 
of  makng  a contract,  or  irresponsible  for  his  acts,  the  opinion 
of  his  neighbors,  if  men  of  good,  common  sense,  would  be  worth 
more  than  that  of  all  the  experts  in  the  country.’ 

(Rutherford  and  Wife  v.  Morris,  et  al,  77th  111.,  Sup.  Ct. 

405.) 


8 


This  applies  with  equal  force  to  personal  injuries,  which 
result  in  incapacity  to  work. 

The  delay  mentioned  above  can  not  and  ought  not  be 
chargeable  to  the  Legal  Department,  unless  they  fail  to  exercise 
every  effort  possible  to  secure  speedier  trial.  I believe  that  all 
the  members  of  the  Department  have  gone  as  far  as  they  can 
to  exert  pressure  that  will  remedy  this  condition.  I am  quite 
hopeful  of  results. 

Appeals. 

In  line  with  what  has  been  said  above,  there  may  be  re- 
corded an  increasing  burden  of  work  in  the  review  of  the  com- 
pensation cases  in  the  Appellate  tribunals.  An  increasingly 
great  number  of  the  cases  are  taken  up  upon  review  from  the 
decision  of  the  Arbitrator.  A greater  number  of  cases  are  being 
taken  to  the  Circuit  Court  and  Supreme  Court.  The  member- 
ship ought  to  understand  that  these  appeals  can  not  be  pre- 
vented by  the  Legal  Department.  The  law  provides  for  them, 
and  any  rights  given  in  the  law  can  not  be  denied  to  the  parties 
interested.  I think  I am  within  the  truth  when  I say  that  we 
win  nine  out  of  ten  cases  that  are  taken  to  the  Circuit  Court,  and 
that  we  win  more  than  seventy-five  percent  of  those  taken  to 
the  Supreme  Court,  but  we  can  not  stop  the  appeal  being  taken, 
nor  the  consequent  delay.  All  this  review  work  has  added  a 
burden  upon  the  shoulders  of  the  lawyers  working  for  the 
Organization.  They  have  met  this  burden  cheerfully  and  per- 
formed the  work  well. 

Correspondence  Between  Members  and  Attorneys. 

Complaints  are  numerous  that  the  attorneys  do  not  more 
promptly  advise  members  of  the  Organization  when  their  cases 
will  be  heard,  and  the  results  after  hearing.  It  ought  to  be  said 
to  the  membership  that  the  attorneys  can  not  advise  the  mem- 
ber when  the  case  will  be  set  down  nor  heard  until  receipt  of 
notice  in  the  case  from  the  Industrial  Commission.  I can  say 
this,  that  these  notices,  when  received,  have  always  been  im- 
mediately transmitted  to  the  member  interested.  The  same  is 
true  after  a case  is  tried.  ' We  can  not  advise  the  member  of  the 
result  until  it  is  made  known  to  us  by  the  Industrial  Commis- 
sion. There  has  in  the  past  been  much  delay  about  this — a delay 
in  no  instance  chargeable  to  the  Legal  Department  for  the 
reason  that  upon  the  very  day  that  the  decision  comes  to  the 
office  of  the  attorney  it  is  mailed  out  to  the  member. 

Amount  of  Compensation  Collected. 

I have  sought  in  the  foregoing  part  of  my  report  to  analyze 
some  of  the  reasons  for  delay  and  complaint.  I now  desire  to 
call  attention  to  some  of  the  accomplishments  of  your  District 


9 


Organization  in  securing  compensation  for  the  widows  and 
children  of  members  killed  in  the  industry,  and  for  the  injured. 
I feel  warranted  in  saying  that  no  District  Organization  in 
America  may  show  as  good  a record  of  accomplishment  in  this 
behalf.  It  ought  to  silence  the  few  in  the  state  who  yet  say 
that  the  Compensation  Act  is  not  as  good  as  the  old  law,  and 
who  say  that  the  District  Organization  is  not  upon  its  toes, 
always,  in  efforts  to  secure  results  for  the  membership.  So  that 
it  may  not  be  chargeable  that  we  have  prepared  the  figures,  I 
am  giving  those  prepared  in  the  office  of  the  Industrial  Com- 
mission itself.  The  figures  for  the  years  1914  and  1916  do  not 
seem  to  be  available. 

WORKMEN’S  COMPENSATION  ACT,  EFFECTIVE  MAY  1,  1912. 

Summary  of  Accident  and  Compensation  Paid  from  that  date  to 

December  31,  1920. 


May  1,  1912  to  December  31,  1912. 


1912. 

Total  Number  of 

! 

Accidents 

Reported 

Fatal 

Non-Fatal 

Total  Paid 

8,913 

183 

8,730 

$ 524,126.47 

Coal  Mining 

Fatal 

Non-Fatal 

Total  Paid 

400 

12 

388 

1913. 

$ 34,534.00 

Total  Number  of 
Accidents 

Reported 

Fatal 

Non-Fatal 

Total  Paid 

17,676 

352 

17,324 

$ 1,148,025.03 

Coal  Mining 

Fatal 

Non-Fatal 

Total  Paid 

951 

40 

911 

1914. 

$ 11,426.98 

(No  Statisties  Available) 

1915. 


Total  No. 
Accidents 

Non- 

Compensation 

Medical  and 

Total 

Reported 

Fatal 

Fatal 

Paid 

Funeral 

Paid 

18,724 

371 

18,353 

$1,075,287,00 

$217,448.00 

$1,292,735.00 

Coal 

Non- 

Compensation 

Medical  and 

Total 

Mining 

Fatal 

Fatal 

Paid 

Funeral 

Paid 

1,793 

10 

1,783 

$ 113,746.00 

10 


1916. 

(No  Statistics  Available) 


Total  No. 

1917. 

Accidents 

Non- 

Compensation 

Medical  and 

Total 

Reported 

Fatal 

Fatal 

Paid 

Funeral 

Paid 

36,760 

492 

36,268 

$2,975,470.00 

$393,524.00 

$3,368,994.00 

Coal 

Fatal 

Non- 

Compensation 

Medical  and 

Total 

Mining 

Fatal 

Paid 

Funeral 

Paid 

3,980 

104 

3,876 

$ 397,906.00 
1918. 

$ 45,545.00 

$ 443,451.00 

Total  No. 
Accidents 

Non- 

Compensa- 

tion 

Compensa- 
tion to  be 

Medical 

and 

Total 

Reported 

Fatal 

Fatal 

Paid 

Paid 

Funeral 

Paid 

38,247 

629 

37,618 

$3,399,243 

$1,747,252 

$497,691 

$5,644,186 

Coal 

Non- 

Compensa- 

tion 

Compensa- 
tion to  be 

Medical 

and 

Total 

Mining 

Fatal 

Fatal 

Paid 

Paid 

Funeral 

Paid 

8,490 

220 

8,270 

$ 967,050 

$ 635,279 

$100,170 

$1,702,499 

1919. 


Total  No. 
Accidents 

Non- 

Compensa- 

tion 

Compensa- 
tion to  be 

Medical 

and 

Total 

Reported 

Fatal 

Fatal 

Paid 

Paid 

Funeral 

Paid 

38,289 

535  ' 

37,754 

$3,683,918 

$2,556,631 

$544,649 

$6,785,198 

Coal 

Non- 

Compensa- 

tion 

Compensa- 
tion to  be 

Medical 

and 

Total 

Mining 

Fatal 

Fatal 

Paid 

Paid 

Funeral 

Paid 

7,797 

145 

7,652 

$ 954,072 

$ 821,610 

$ 90,880 

$1,866,562 

1920. 


Total  No. 
Accidents 

Non- 

Compensa- 

tion 

Compensa- 
tion to  be 

Medical 

and 

Total 

Reported 

Fata! 

Fatal 

Paid 

Paid 

Funeral 

Paid 

50,585 

597 

49,988 

$5,143,300 

$3,415,498 

$731,911 

$9,290,709 

Coal 

Non- 

Compensa- 

tion 

Compensa- 
tion to  be 

Medical 

and 

Total 

Mining 

Fatal 

Fatal 

Paid 

Paid 

Funeral 

Paid 

13,249 

171 

13,078 

$1,534,057 

$1,370,521 

$127,675 

$3,032,253 

Grand  Total,  Accidents  Eeported  209,194 

Grand  Total,  Fatal  Accidents 3,159 

Grand  Total,  Non-Fatal  Accidents 206,035 

Grand  Total,  Paid  $ 28,053,973.50 

Grand  Total,  Accidents  Coal  Mining 36,660 

Grand  Total,  Fatal  Accidents 702 

Grand  Total,  Non-Fatal  Accidents  35,958 

Grand  Total,  Paid  $ 7,204,471.98 


11 


In  the  figures  given  above  for  the  years  preceding  July  1, 
1917,  no  account  is  taken  of  the  amounts  collected  by  court  pro- 
ceedings. The  Act  prior  to  that  time  was  not  compulsory  and 
many  of  the  mining  companies  did  not  elect  to  come  under  the 
Act.  However,  from  the  figures  given  in  previous  reports,  the 
amounts  collected  under  the  old  law  were  pitifully  small  as 
compared  with  the  amounts  under  the  Compensation  Act.  It 
may  be  truthfully  said  that  were  it  possible  to  have  had  the 
Compensation  Act  compulsory  from  the  date  of  its  inception, 
several  millions  of  dollars  more  would  have  been  paid  to  the 
widows  and  children  of  Illinois  Miners  and  to  those  injured. 

It  will  be  seen  from  the  foregoing  that  the  miners  have 
collected  more  than  their  proportion  of  the  compensation,  but 
as  was  said  in  the  former  report,  this  does  not  mean  that  the 
miners  have  received  more  compensation  than  they  were  en- 
titled to.  It  is  evidence  of  two  things : 

First,  the  injured  employee  who  does  not  press  his  claim 
with  the  weight  of  an  intelligently  conducted  organization 
behind  him  does  not  fare  so  well. 

Second,  that  District  Twelve  of  the  United  Mine  Workers 
of  America  is  functioning  for  its  membership. 

Compensation  Legislation. 

It  is  but  a truthful  statement  of  a fact,  acknowledged  by 
every  union  man  in  Illinois,  that  the  miners’  District  Organiza- 
tion has  taken  the  lead  in  securing  improvements  to  the  Com- 
pensation Act.  Until  this  year  even  the  Organizations  of  the 
building  trades  have  paid  but  scant  attention  to  the  Act.  These 
Organizations  are  interested  to  about  the  same  extent  as  the 
miners  in  point  of  membership. 

I have  prepared  a table  showing  the  increases  and  improve- 
ments in  the  Act  from  year  to  year.  A careful  examination  of 
this  table  will,  I am  sure,  convince  anyone  of  the  betterments 
made  in  the  Act  during  the  ten  years  it  has  been  in  force. 


12 


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13 


The  amendments  setting  out  the  changes  enumerated  in  the 
foregoing  table  were  accomplished  through  the  agency  of  a joint 
committee  composed  of  representatives  of  employers  and  em- 
ployees. When  agreed  upon  by  this  commission,  the  bill  has 
heretofore  had  comparatively  easy  sailing  in  the  Legislature. 
The  1921  attempt  at  an  agreement  was  not  so  easy,  however. 
The  Coal  Operators  of  the  State  sat  in  this  conference  for  a 
number  of  meetings,  and  when  they  saw  the  character  of  the 
amendments  that  were  likely  to  be  agreed  upon  they  withdrew 
from  the  conference.  The  Coal  Operators  had  introduced  into 
the  Legislature  through  Senator  John  Dailey  of  Peoria,  Senate 
Bill  No.  273.  Among  the  amendments  offered  in  this  bill  are 
these : , 

1.  Providing  that  upon  the  re-marriage  of  a widow  the 
portion  of  the  death  benefit  ordered  to  be  paid  to  her  shall  cease 
and  also  excluding  from  the  benefit  of  the  Act  alien  beneficiaries 
residing  abroad.  Also  excluding  aliens  residing  in  the  United 
States  after  the  time  within  which  they  might  have  become 
naturalized  citizens.  This  amendment  would  not  only  have  been 
a plain  and  gross  injustice  to  the  aliens  in  question  but  would 
have  been  an  invitation  to  the  employers  of  the  state  to  employ 
none  but  aliens  in  the  hope  of  thus  lessening  the  compensation 
to  be  paid. 

2.  Denying  compensation  for  the  first  week  where  the 
disability  lasts  for  four  weeks  or  more. 

3.  By  seeking  to  take  into  account  pre-existing  disease  in 
determining  the  want  of  capacity  to  work,  resulting  from  an  in- 
jury. This  proposed  amendment  is  vicious  in  the  extreme.  It 
would  compel  the  physical  examination  of  every  workman  be- 
fore he  re-entered  the  employment.  It  would  fix  a standard  of 
physical  prefection.  It  would  discriminate  against  the  phys- 
ically weak — the  very  man  who  now  goes  through  life  with  a 
great  handicap.  It  would  punish  him  who  was  unfortunate 
enough  not  to  be  born  with  a strong  constitution  or  him  who 
through  poverty  or  other  causes  had  not  been  well  nourished 
in  his  youth. 

4.  Provided  for  physical  examination  of  an  injured  em- 
ployee before  commencing  work. 

5.  Provided  that  all  settlements  made  by  parties  who  are 
competent  to  contract  and  made  without  fraud  shall  be  binding. 
This  was  a particularly  vicious  proposal.  It  would  remove  from 
the  Act  every  last  vestage  of  the  principles  which  called  the 

* Compensation  Law  into  being  in  the  various  countries.  It  was 
notorious  under  the  old  law  that  the  pressing  necessities  of  the 
widow  and  injured  employee  drove  them  to  make  inconscionable 
settlements.  Many  other  causes  not  here  necessary  to  state  made 
for  cheap  settlements.  It  is  the  most  conservative  kind  of  a 


14 


statement  to  say  that  had  this  one  amendment  succeeded,  it 
would  have  cut  in  half  the  compensation  paid  to  the  Illinois 
miners. 

6.  Requiring  that  notice  of  the  accident  be  given  ‘in 
writing’. 

7.  By  providing  that  no  reports  made  under  the  law  should 
be  admissable  in  evidence. 

In  obedience  to  your  instructions,  the  foregoing  amend- 
ments and  others  offered  by  the  Operators  were  opposed  with 
all  the  strength  and  influence  of  the  District  Organization  and 
its  officers.  They  were  all  defeated. 

In  pressing  our  hill.  Senate  Bill  No.  222,  we  were  handi- 
capped by  the  situation  that  its  introducer.  Senator  John  Dailey 
of  Peoria,-  was  also  the  introducer  of  Senate  Bill  No.  273.  He 
was  the  Chairman  of  the  Judiciary  Committee  of  the  Senate. 
He  it  was  who  selected  the  suh-committee  who  considered  these 
matters.  He  appointed  as  chairman  of  that  sub-committee 
Senator  John  Turnhaugh,  who,  if  he  ever  has  done  an  act  in  the 
interest  of  the  laboring  men  of  Illinois,  has  carefully  concealed 
it. 

You  may,  therefore,  report  to  the  Convention  with  a great 
deal  of  pleasure,  and  pride  in  the  work  of  your  Organization, 
the  defeat  of  all  the  foregoing  proposals  and  the  passage  of  the 
agreed  Bill  practically  unimpaired.  The  fight  was  bitter  and 
vicious.  Much  more  even  than  this  might  he  said  about  the 
character  of  the  fight  that  was  waged  against  us. 

Other  Legislation. 

A few  amendments  were  made  to  the  Mining  Law. 

The  Old  Age  Pension  Bill  could  not  be  taken  out  of  the 
Committee.  Perhaps  the  after-war  world  wide  conditions  had 
as  much  to  do  with  this  failure  as  anything. 

Amendments  to  the  Compensation  Act. 

Among  those  of  advantage  to  the  miners  secured  at  this 
session  of  the  Legislature  may  he  enumerated  the  following : 

1.  The  maximum  in  each  of  the  death  case  classes  has 
been  increased  $250.00. 

2.  That  maximum  now  being  $3,750  with  a widow  and  no 
child,  $4,000  with  a widow  and  one  child,  $4,250  with  a widow 
and  two  or  more  children  under  sixteen. 

3.  The  minimum  provided  under  the  Act  has  been  in- 
creased fifty  cents  a week  and  the  maximum  $2.00  a week.  The 
maximum  now  being  $14.00  per  week  for  an  employee  without 


15 


any  child,  $15  for  one  child,  $16  for  two  children  and  $17  a 
week  for  three  or  more  children  under  sixteen  years  of  age,  in 
the  place  of  $12,  $13,  $14  and  $15.  This  maximum  is  of  par- 
ticular concern  to  the  miners,  as  by  reason  of  the  ‘two  hundred 
day’  and  the  ‘gross  earnings’  provisions  of  the  Act,  practically 
every  miner,  aside  from  those  in  the  extreme  northern  field,  and 
all  day  men,  are  entitled  to  the  maximum. 

4.  The  provision  that  compensation  should  be  reduced 
where  a child  since  the  injury  reached  the  age  of  sixteen  or  died 
was  stricken  out  and  it  now  depends  on  the  number  of  children 
at  the  age  of  sixteen  at  the  date  of  the  injury. 

5.  The  provision  permitting  the  Industrial  Commission  to 
review  cases  on  entirely  new  evidence  where  the  reporter  fails 
to  get  his  testimony  written  up.  This  amendment  is  an  im^ 
portant  one  as  I believe  it  will  stop  up  an  avenue  of  delay. 

There  were  a number  of  other  minor  amendments. 

Court  Decisions. 

At  the  time  of  making  my  last  report  to  you  I was  able  to 
report  that  the  Supreme  Court  had  decided  in  our  favor  the 
‘two  hundred  day’  clause,  which  was  to  the  effect  that  in  com- 
puting the  average  annual  earnings  of  miners  for  the  purposes 
of  the  Compensation  Act,  two  hundred  days  should  be  used, 
rather  than  the  number  of  days  actually  worked.  I think  I 
reported  to  you  that  we  had  two  favorable  decisions  from  Cir- 
cuit Judges,  to  the  effect  that  in  computing  earnings  as  a basis 
of  compensation,  gross  eaxnings  rather  than  net  earnings  should 
be  used.  This  principle  has  now  been  established  by  the  Su- 
preme Court  in  a case’tried  by  your  Legal  Department,  and  now, 
for  miners,  we  are  permitted  in  arriving  at  their  annual  earn- 
ings, to  use  their  gross  income  without  deductions  for  powder, 
fuse,  smithing,  union  dues,  fines  or  assessments.  The  import- 
ance of  this  victory  will  be  at  once  apparent  to  the  miners 
working  in  districts  requiring  a great  deal  of  powder. 

I commend  again  the  wisdom  of  the  employment  of  investi- 
gators, and  I*  am  glad  to  record  the  faithful  performance  of 
their  duties  by  them.  The  attorneys  employed  have  brought  to 
the  performance  of  their  tasks,  ability,  honesty  and  persever- 
ance. 

The  District  officers  and  Executive  Board  have  given  to  the 
Department,  and  its  work,  assistance  of  the  intelligent  and  help- 
ful variety. 

Respectfully  submitted. 


Signed  A.  W.  KERR.” 


16 


Constitutional  Amendments. 

I recommend  that  section  6,  article  8 be  amended  by  adding  the 
following  language  thereto:  ‘^The  interpretation  of  the  District 

Executive  Board  shall  be  final  and  binding  until  reversed  by  a Con- 
stitutional District  Convention.” 

That  section  13  of  article  8 be  amended  by  adding  the  following 
language  thereto:  “Except  in  cases  where  a regular  district  con- 

vention authorizes  him  to  do  otherwise.” 

That 'the  words  “defense  fund”  be  stricken  out  of  section  23, 
article  8 and  that  the  word  “funds”  be  substituted  instead. 

Add  a new  section  to  article  8 to  read  as  follows:  “The  Dis- 

trict Secretary-Treasurer  and  the  District  Executive  Board  being, 
hy  virtue  of  this  constitution,  the  accredited  custodians  of  all  moneys 
and  property  accumulated  by  and  belonging  to  the  membership  of 
District  No.  12,  no  authority  other  than  the  membership  of  District 
No.  12  shall  be  allowed  to  invade,  impair  or  hamper  the  right  of  the 
before  mentioned  officers  of  District  No.  12  to  act  as  such  custodians 
or  to  interfere  with  their  right  as  the  accredited  officers  of  this  dis- 
trict to  collect  money  and  to  acquire  property  for  District  No.  12 
and  to  disburse  and  dispose  of  the  same  as  provided  in  this  Consti- 
tution. ’ ’ 

That  section  7,  article  10  be  amended  by  striking  out  “$1.00” 
and  inserting  instead  “$1.50”  and  so  as  to  allow  a local  to  assess  its 
members  upon  the  conditions  that  at  least  6 days  notice  is  posted  in  a 
conspicuous  place  notifying  the  members  that  the  matter  of  levying 
the  assessment  will  be  considered  at  a certain  meeting  of  the  local 
union  and  that  two-thirds  of  all  members  attending  the  meeting  vote 
in  favor  of  paying  the  assessment. 

That  section  8,  article  10  be  amended  so  as  to  provide  that  each 
local  union  shall  collect  and  send  its  per  capita  tax  direct  to  the 
International  Union. 

That  section  3,  article  11  as  it  now  reads  be  stricken  out  and 
that  it  be  substituted  by  the  following  language:  “All  members  in 

good  standing  with  the  District  Organization  on  the  date  of  the 
election  shall  be  allowed  to  vote.” 

That  all  the  language  after  the  word  “contest”  on  line  8 of 
section  2-3,  article  11  be  stricken  out. 

Add  a new  section  to  article  13  to  be  known  as  section  3 and  to 
read  as  follows:  “Considering  that  the  officers  of  this  district  are 
elected  by  and  accountable  to  the  members  of  this  district,  no 
authority  outside  of  that  provided  in  this  Constitution  shall  be 
allowed  to  suspend  or  remove  them  from  office  or  hinder  them  in 
the  performance  of  their  duties  as  defined  in  this  Constitution.” 

Strike  out  all  the  language  after  the  word  “officers”  on  line  3 
and  up  to  and  including  the  word  “thereby”  on  line  16  of  the  second 
paragraph  of  section  1,  article  14. 

Strike  out  all  of  section  2,  article  14. 


17 


Co-operative  Movement. 

Like  all  other  institutions  the  co-operative  movement  has  been 
affected  by  the  great  industrial  depression  prevalent  throughout  the 
country,  and  indeed  the  world,  since  the  ending  of  the  world  war. 
However,  I am  happy  to  report  that  the  movement  has  weathered  the 
stress  of  adversity  and  is  now  on  the  way  to  sure  recovery. 

In  the  communities  where  stores  are  established,  under  the  plan 
approved  by  our  last  Convention,  they  have  proved  to  be  of  sub- 
stantial benefit  to  those  who  patronize  them.  The  practice  of  co- 
operation in  the  purchase  of  the  necessaries  of  life  is  too  well  under- 
stood by  our  members  to  need  any  detailed  explanation  by  me. 
Suffice  is  to  say  that  it  is  the  workers  movement,  next  in  importance 
to  the  organized  labor  movement  and  should  be  patronized  to  the 
fullest  possible  extent  by  our  members. 

To  reduce  the  cost  of  living  is  equal  to  increasing  wages  and 
where  both  ^are  done  the  workers  reap  the  true  fruits  of  their 
organized  efforts.  Our  members  gladly  strike  and  stoically  endure 
the  rigors  entailed  thereby  to  secure  an  increase  in  wages.  To  co- 
operate in  buying  brings  the  same  result  and  entails  no  suffering. 
This  being  true  why  should  we  hesitate  in  doing  our  part  to  build  up 
the  co-operative  movement?  If  our  members  are  so  situated  that 
they  cannot  buy  all  their  necessaries  in  the  co-operative  store  they 
should  at  least  buy  some  of  them  there  and  as  circumstance  permits 
they  should  do  everything  possible  to  help  themselves  by  patroniz- 
ing and  boosting  the  co-operative  movement. 

Increase  in  Wages  Paid  Shift  Hands. 

As  a matter  of  record  in  connection  with  the  increase  of  one 
dollar  and  fifty  cents  ($1.50)  per  day  that  was  secured  for  all 
shift  hands  and  monthly  men,  beginning  August  16,  1920,  and  con- 
cerning other  modificatmns  made  in  our  wage  agreement  begin- 
ning with  that  date  I am  herein  quoting  two  official  circulars  that 
were  issued  to  our  membership,  the  first  of  which  reads  as  follows : 

‘‘Springfield,  111.,  July  16,  1920. 

TO  THE  OFFICERS  AND  MEMBERS,  DISTRICT  TWELVE, 
UNITED  MINE  WORKERS  OF  AMERICA. 

Greeting : 

For  some  time  we,  your  District  Officers,  have  been  work- 
ing to  bring  the  Illinois  Operators  into  a conference  to  give  con- 
sideration to  the  matter  of  amending  our  present  wage  agree- 
ment in  certain  respects.  Our  efforts  finally  resulted  in  the 
operators  agreeing  to  meet  with  us  in  Chicago  on  July  14th. 
We  spent  two  days  in  this  conference  which  was  attended 
by  representatives  of  all  three  operators  associations  in  this 
State.  During  this  Conference  we  insisted  that  the  operators 
must  agree  to  change  our  present  wage  agreement  so  as  to  give 


18 


all  shift  hands  and  monthly  .men  a much  higher  wage  than  is 
now  paid  and  that  the  penalty  clause  in  the  agreement  must 
be  changed  so  as  to  remove  its  present  automatic  feature.  We 
also  made  it  clear  that  black  powder  and  permissable  explosives 
must  be  furnished  at  a price  that  is  reasonable  and  satisfactory 
to  the  mine  workers  of  Illinois. 

On  July  15th  the  operators  asked  that  time  be  allowed  for 
them  to  have  a meeting  of  their  own  on  Monday,  July  19th, 
after  which  they  promise  to  inform  us  as  to  what  their  position 
will  be  concerning  these  demands. 

We  cannot,  of  course,  at  this  time  predict  what  their  posi- 
tion will  be  but  we  shall  keep  you  informed  as  to  developments. 

As  for  us,  we  have  initiated  the  movement  for  these  improve- 
ments in  our  wage  agreement  because  we  know  they  are  right 
and  necessary.  In  just  what  direction  our  efforts  will  take  us 
or  just  what  means  we  may  have  to  employ  we  cannot  now  say 
but  we  are  determined,  injunctions  and  indictments  notwith- 
standing, to  use  every  power  and  influence  at  our  command  to 
secure  their  attainment. 

Yours  very  truly, 

Frank  Farrington,  President 
Harry  Fishwick,  Vice-President 
Walter  Nesbit,  Secretary-Treasurer.’’ 

The  above  circular  is  self  explanatory  and  speaks  for  itself. 

The  other  circular  reads  as  follows : 

“Springfleld,  111.,  August  28,  1920. 

TO  THE  OFFICERS  AND  MEMBERS,  DISTRICT  NO.  12, 

UNITED  MINE  WORKERS  OF  AMERICA. 

Greeting : 

By  official  circular  issued  under  date  of  July  16th  you 
were  notifled  that  your  District  officers  had  initiated  a move- 
ment to  secure  certain  modifications  in  our  District  Wage  Agree- 
ment, namely  a much  higher  wage  scale  for  day  and  monthly 
men,  a reasonable  powder  price  and  the  removal  of  the  auto- 
matic feature  of  our  penalty  clause. 

Our  action  seemed  to  meet  with  general  acclaim  on  the  part 
of  our  membership.  However,  powerful,  influences  outside  and 
within  our  Union  set  about  to  prevent  our  successT  Much  to  our 
surprise  and  without  consulting  with  us.  International  President 
Lewis,  instead  of  aiding  us,  publicly  threatened  to  call  a strike 
of  bituminous  miners  if  the  Illinois  operators  granted  us  any 
modifications  in  our  wage  agreement. 

When  President  Wilson  appealed  to  the  miners  to  return  to 
work.  President  Lewis  termed  the  appeal  ‘a  stinging  rebuke  to 


19 


such  men  as  Frank  Farrington’  and  he  designated  your  and 
our  action  as  ‘a  stain  on  the  proud  record  of  our  Union.’  Our 
International  Vice-President  issued  a circular  in  which  he  said 
he  was  suspicious  of  our  action.  We  were  scored  mercilessly 
by  the  press  of  the  country  and  some  of  our  own  members  said 
we  were  playing  politics  while  others  said  we  were  in  a con- 
spiracy with  the  operators  to  boost  the  price  of  coal,  all  of  which 
was  discouraging  and  heart  sickening  and  at  times  made  it 
seem  to  us  that  we  must  fail.  Add  to  this  the  fact  that  we  are 
now  under  $10,000  bond  and  must  stand  trial  on  a charge  that 
we  violated  the  injunction  issued  by  Judge  Anderson  last 
November,  which  injunction  is  still  in  effect,  anu  the  furtner 
fact  that  we  are  now  under  an  additional  $10,000  bond  and  must 
stand  trial  before  Judge  Anderson  on  a charge  that  we  are  in  a 
conspiracy  with  the  coal  operators  and  you  will  umderstand 
some  of  the  difficulties  under  which  we  had  to  labor  to  win 
success. 


This  combination  of  adverse  elements  and  interfering  in- 
fluences compromised  us  to  a more  or  less  degree  in  that  they 
resulted  in  President  Wilson  placing  definite  restrictions  around 
our  authority  to  negotiate  for  improvements  in  our  agreement. 
These  restrictions  were  made  clear  when  he  stated  that  after  the 
miners  had  returned  to  work  he  would  request  the  miners  and 
onerators  to  convene  in  joint  wage  scale  conference  to  ‘consider 
any  inequalities  THAT  i\IAY  HAVE  OCCURRED  IN  THE 
AWARD  OF  THE  BITUMINOUS  COAL  COMMISSION  AND 
THE  JOINT  AGREE]\IENT  GROWING  OUT  OF  THE  SAl'JE 
and  to  adjust  any  and  all  SUCH  inequalities  as  the  joint  scale 
committee  may  MUTUALLY  AGREE  SHOULD  BE  AD- 
JUSTED.’ This  left  things  in  such  shape  that  we  had  to  choose 
between  one  of  two  alternatives,  namely  to  accept  the  award 
of  the  Bituminous  Coal  Commission,  with  all  the  powers  of 
government  behind  it,  in  its  original  form  or  else  be  satisfied 
with  only  such  changes  as  the  operators  would  agree  should 
be  made  in  the  award. 


Pursuant  to  the  pledge  of  President  Wilson  and  under  the 
leadership  of  President  Lewis  the  miners  met  the  operators  from 
the  Central  Competitive  Field  in  Joint  Interstate  Wage  Seale 
Conference  in  Cleveland  on  August  13th  and  on  August  18th 
this  conference  broke  up  without  having  secured  a single  change 
in  the  award  of  the  Bituminous  Coal  Commission.  During  this 
conference  every  demand  of  the  miners,  excepting  one  for  in- 
creased wages  for  day  and  monthly  men,  was  dropped  and  the 
operators  would  not  agree  to  make  any  concession  except  an 
advance  of  71.4  cents  per  day  on  these  rates.  Had  we  been  able 
to  agree  on  the  amount  of  the  advance  to  be  paid  day  and 
monthly  men  an  interstate  agreement  would  have  been  signed 
in  Cleveland  -and  the  whole  matter  would  have  been  finally 
closed. 


20 


Following  the  adjournment  of  the  Cleveland  Conference 
your  District  officers  met  the  Illinois  operators  in  Chicago  on 
August  23rd  and  on  August  26th  we  signed  an  agreement  modi- 
lymg  the  award  of  the  Bituminous  Coal  Commission  and  the 
Interstate  agreement  growing  out  of  the  same  as  follows : 

One  dollar  and  fifty  cents  ($1.50)  per  day  increase  on  day 
and  monthly  rates,  excepting  that  trappers,  spraggers,  switch- 
throweis  and  couplers  are  to  receive  an  increase  of  eighty-two 
cents  (82e)  per  day.  Drivers,  motormen  and  trip  riders  en- 
gaged in  transporting  men  underground  are  to  receive  an  addi- 
tional seventy-five  cents  (75c)  per  day  when  so  engaged. 
Miners  are  to  receive  black  powder  at  two  dollars  and  fifteen 
cents  ($2.15)  per  keg,  nitro  base  permissible  at  three  dollars 
and  forty-five  cents  ($3.45),  ammonia  base  permissible  at  three 
dollars  and  ninety-five  cents  ($3.95)  per  twenty-five  pound 
box.  These  prices  are  to  be  effective  beginning  August  16th 
and  operators  agree  to  refund  all  sums  collected  on  black 
powder  and  permissibles  during  the  period  beginning  April  1st, 
1920,  and  continuing  to  August  16th  in  excess  of  the  rates  pre- 
vailing March  31st,  1920.  Penalty  clause  has  been  amended  so 
as  to  provide  for  a hearing  before  penalty  is  applied.  All  dead 
work  performed  by  the  miner  and  paid  for  by  the  day  is  to 
take  the  increased  rate.  Agreement  becomes  effective  as  of 
August  16,  1920. 

While  the  new  prices  for  black  powder  and  permissible  ex- 
plosives are  not  as  low  as  we  hoped  to  get,  they  are  still  much 
lower  than  what  the  operator  is  entitled  to  receive  under  the 
award  of  the  Bituminous  Coal  Commission  and  they  are  still 
lower  than  are  the  prices  paid  in  any  other  district  in  the 
Central  Competitive  Field  and  must  be  accepted  as  satisfactory 
when  compared  with'  the  prices  paid  in  Indiana,  Ohio  and 
Western  Pennsylvania. 

Since  April  1st  the  Indiana  miners  have  been  paying  $2.25 
per  keg  for  black  powder  and  $3.88  per  box  for  nitro  base  per- 
missible explosives.  The  Ohio  miners  have  been  paying  $2.40 
per  keg  for  black  powder,  no  material  amount  of  permissible,  if 
any,  is  being  used.  The  Western  Pennsylvania  miners  buy  black 
powder  on  the  open  market  but  permissibles  are  bought  under 
an  agreement  with  the  operators,  and  the  miners  are  now  pay- 
ing $5.25  per  box  for  the  same.  Then,  too,  we  have  the  added 
advantage  of  having  received  black  powder  and  permissible 
explosives  at  the  old  price  for  four  and  a half  months  while  the 
miners  in  the  other  three  districts  in  the  Central  Competitive 
Field  have  been  paying  the  increased  prices  since  April  1,  1920. 

Had  we  been  left  alone  there  is  no  doubt  but  what  we  would 
have  secured  these  modifications  sooner  than  we  did,  but  at  any 
rate,  thanks  to  the  Illinois  miners,  and  despite  all  the  hampering 
and  antagonistic  influences  that  had  to  be  overcome,  at  last  we 
succeeded  in  doing  that  which  we  told  you  in  our  circular  of 


21 


July  16th  we  proposed  to  do.  Already  those  who  tried  to  pre- 
vent success  are  now  trying  to  discount  these  accomplishments. 
As  for  us  we  are  proud  and  glad  because  of  the  accomplish- 
ments, proud  because  y@u  won  the  fight  and  glad  because  of  the 
good  fortune  the  accomplishments  will  bring  to  you  and  the  mine 
workers  elsewhere,  as  no  doubt  the  same  modifications  or  their 
equivalent  will  he  written  into  agreements  applicable  to  other 
districts. 

Now  then  it  is  my  desire  to  emphasize  that  these  important 
modifications  in  the  award  of  the  Bituminous  Coal  Commission 
and  the  Interstate  and  District  Agreements  growing  out  of  the 
same  were  secured  under  tremendous  difficulties  and  at  a time 
when  very  few  men  believed  it  was  possible  to-^  secure  any 
modifications  and  they  should  not  he  regarded  in  a spirit  of 
excess  and  as  a license  for  further  demands.  It  is  our  solemn 
judgment  that  no  further  modifications  will  he  made  in  exist- 
ing agreements  previous  to  their  termination  March  31,  1922. 
Therefore  moderation  should  he  the  dominating  spirit  and 
Joint  Agreements  and  the  laws  of  our  own  Union  must  be  re- 
spected in  all  their  provisions.  Orderly  procedure  must  obtain 
and  all  must  work  in  unison.  Disorderly  procedure  and  divided 
action  cannot  be  tolerated.  Instead  all  must  discharge  the 
obligations  imposed  upon  them  by  membership  in  our  Union  and 
thereby  contribute  their  part  to  the  upbuilding  of  the  United 
Mine  Workers  of  America. 

Yours  truly, 

F.  Farrington,  President.” 

It  is  difficult,  in  fact  impossible,  to  calculate  in  definite  monetary 
terms  the  benefit  that  accrued  to  our  membership  by  the  attainment 
of  these  modifications  in  our  wage  agreement.  Suffice  it  to  know 
that  through  them  millions  of  dollars  were  put  into  the  pockets  of 
our  members  and  that  through  the  instrumentality  and  action  of  the 
officers  and  members  of  District  No.  12  the  same  benefit  was  applied 
to  practically  every  other  unionized  district  in  the  country. 

Disfranchisement  of  the  Illinois  Miners. 

During  the  International  Convention,  recently  adjourned,  SeC' 
tion  2 of  Article  12  of  our  International  Constitution  was  amended 
to  provide  that  ‘‘no  local  union  shall  have  more  delegates  in  the 
Convention  than  can  cast  the  vote  of  the  local  union  on  the  basis 
of  five  votes  for  each  delegate,  ’ ’ and  a new  section  was  added  to  the 
same  article  reading  as  follows : 

“On  questions  coming  before  the  Convention  a roll  call 
vote  shall  be  taken  upon  the  request  of  thirty  (30)  per  cent  of 
the  delegates.  ’ ’ 

These  amendments  were  recommended  by  the  Constitution  Com- 
mittee and  adopted  by  the  Convention  and  after  April  1,  1922  will 
be  a part  of  our  organic  law. 


22 


Accepted  literally  the  first  amendment  would  mean  that  to 
have  two  delegates  a local  must  have  1000  members  and  that  a local 
must  have  at  least  451  members  before  it  could  send  a delegate,  but 
after  hearing  explanations  by  members  of  the  Constitution  Com- 
mittee I understand  the  amendment  to  mean  that  a local  with  550 
members  or  less  would  be  entitled  to  send  but  one  delegate  to  the 
Convention  and  locals  having  from  551  to  1050  members  would  be 
entitled  to  but  two  delegates  and  locals  having  from  1051  to  1550 
members  would  be  entitled  to  three  delegates  and  so  on. 

It  is  my  opinion  that  the  enactment  of  these  amendments  was 
the  most  vicious,  of  the  several  vicious  things  that  were  done  by  the 
Convention,  and  that  the  legislation  was  purposely  and  maliciously 
aimed  directly  at  the  Illinois  miners  so  as  to  decrease  their  voting 
strength  in  the  Convention,  as  there  is  not  another  district  in  our 
union  that  will  be  so  adversely  affected  as  District  No.  12. 

So  that  you  will  understand  just  what  these  amendments  mean 
some  comparisons  are  made.  For  instance,  a local  of  ten  members 
will  have  just  as  much  voting  power  as  a local  of  550  members,  ex- 
cepting when  a roll  call  vote  is  taken.  As  a further  instance  refer 
to  the  case  of  Illinois  and  Ohio.  Illinois  has  343  local  unions  with 
90,000  members.  But  36  of  our  locals  have  more  than  550  members 
and  but  three  of  them  have  more  than  1050  members.  This  means 
that  Illinois  will  be  entitled  to  385  delegates  in  the  next  Convention. 
Ohio  has  639  local  unions  with  approximately  45,000  members.  This 
means  that  Ohio  with  only  half  the  members  we  have  in  Illinois  will 
be  entitled  to  send  at  least  639  delegates  to  the  Convention  as 
against  385  from  Illinois  and  an  additional  delegate  for  each  local 
having  more  than  550  members.  Then,  too,  Indiana  with  240  local 
unions  and  approximately  30,000  members  will  be  entitled  to  send  at 
least  240  delegates  as  against  385  from  Illinois  and  an  additional 
delegate  for  each  local  having  more  than  550  members. 

Morever,  District  No.  8 (Indiana  block)  with  24  locals  and  about 
900  members  will  be  entitled  to  send  twenty-four  delegates  or  nearly 
as  many  as  can  be  sent  to  represent  all  the  thousands  of  members  in 
Williamson  County  and  the  only  way  this  inequality  in  representa- 
tion can  be  overcome  is  by  a roll  call  vote  and  thirty  (30)  per  cent  of 
all  the  delegates  in  the  Convention  must  favor  a roll  call  vote  before 
one  can  be  had. 

Considering  that  it  took  three  days  to  take  two  roll  call  votes 
in  the  last  Convention  you  may  know  that  not  many  roll  call  votes 
will  be  had. 

I submit  this  matter  to  you  without  further  comment,  confident 
that  you  will  readily  understand  the  great  wrong  that  has  been  done 
the  Illinois  miners 


23 


Salary  Grab. 

Section  1 of  Article  10  of  our  International  Constitution  adopted 
by  the  Cleveland  Convention  two  years  ago  and  effective  to  Decem- 
ber 31,  1921  provides  as  follows: 

‘‘The  salary  of  the  President  shall  be  $5,000.00  per  annum; 
Vice  - President  $4,125.00  per  annum ; Secretary  - Treasurer, 
$4,125.00  per  annum;  Editor  of  the  official  Journal,  $2,500.00 
per  annum;  International  Executive  Board  Members,  $175.00 
per  month  when  employed;  Tellers,  Auditors  and  Delegates  to 
the  A.  F.  of  L.  Convention,  $7.00  per  day  when  employed.  Each 
of  the  above  mentioned  officers  and  editor  shall  receive,  in 
addition  to  their  salaries,  all  legitimate  expenses  when  em- 
ployed by  the  organization  away  from  their  places  of  residence.  ’ ^ 

When  this  section  was  under  consideration  by  the  Cleveland 
Convention  a motion  was  adopted  reading  as  follows: 

“I  move  that  it  is  the  sense  of  this  Convention  that  the 
International  officers  get  the  same  increase  in  their  wages  as 
we  get.” 

The  above  motion  will  be  found  on  page  738,  volume  2 of  the 
proceedings  of  said  Convention. 

Statistical  experts  have  figured  out  that  by  reason  of  the  award 
of  the  Bituminous  Coal  Commission,  the  mine  workers  received  what 
is  termed  a weighted  average  increase  of  thirty  (30)  percent.  This 
would  mean  that  the  salaries  of  the  officers  of  our  International 
Union  beginning  with  April  1,  1920  and  running  to  December  31, 
1921  should  be  the  amount  specified  in  section  1,  article  10  plus  the 
thirty  (30)  per  cent  increase  alleged  to  have  been  secured  for  the 
mine  workers,  or  in  other  words  from  April  1,  1920  to  December  31, 
1921  the  salary  of  the  President  should  be  six  thousand  five  hundred 
dollars  ($6,500.00)  per  year,  that  of  the  Vice-President,  five  thous- 
and three  hundred  and  sixty-two  dolors  and  fifty  cents  ($5,362.50), 
that  of  the  Secretary-Treasurer  the  same  as  the  Vice-President, 
Editor  of  Journal,  three  thousand  two  hundred  and  fifty  dollars 
($3,250.00)  per  year  and  members  of  the  Executive  Board  two  hun- 
dred and  twenty-seven  dollars  and  fifty  cents  ($227.50)  per  month. 

By  reason  of  the  Constitution  and  the  motion  adopted  by  the 
Cleveland  Convention  the  above  are  the  salaries  the  officers  and 
Editor  were  actually  and  legally  entitled  to  draw  from  April  1,  1920 
to  December  31,  1921.  However,  during  July  1920  the  International 
Executive  Board,  in  complete  disregard  and  defiance  of  the  Consti- 
tution and  action  of  the  Cleveland  Convention,  raised  the  President  ^s 
salary  to  eight  thousand  dollars  ($8,000.00)  per  year,  an  increase  of 
sixty  (60)  per  cent,  that  of  the  Vice-President  to  seven  thousand 
dollars  ($7,000.00)  per  year,  an  increase  of  seventy  (70)  per  cent, 
that  of  the  Secretary-Treasurer  the  same  as  the  Vice-President,  that 
of  the  Editor  to  four  thousand  dollars  ($4,000.00)  per  year,  an  in- 


24 


crease  of  sixty  (60)  per  cent,  and  that  of  the  Board  Members  to  three 
hundred  dollars  ($300.00)  per  month  and  made  their  action  date 
back  to  April  1,  1920. 

Mark  you,  this  was  done  before  the  shift  hands  secured  the  one 
dollar  and  fifty  cents  ($1.50)  per  day  increase,  during  the  following 
August,  and'  before  the  International  officers  knew  of  our  plans  to 
force  an  increase  for  shift  hands.  If  a humble  local  officer  of  our 
Union  were  to  do  this  thing  he  would  be  branded  as  a thief,  forced 
to  make  restitution  and  be  banished  from  office  and  he  would  forever 
be  distrusted  by  those  who  knew  of  his  guilt  and  he  would  forever 
be  prevented  from  holding  any  office  of  trust  in  our  Union.  In  fact, 
local  officers  have  been  sent  to  the  penitentiary  for  a less  offense. 

In  dealing  with  this  matter  in  his  report  to  the  last  Convention 
President  Lewis  made  reference  to  it  as  follows  : 

'‘Acting  in  conformity  with  authority  conferred  upon  it 
by  the  last  International  Convention  of  the  United  Mine  Work- 
ers of  America,  the  International  Executive  Board,  at  a meeting 
held  in  July,  1920,  increased  the  salaries  of  the  officers,  field 
workers,  traveling  auditors  and  employes  of  the  International 
Union.  The  subject  matter  was  given  most  serious  and  careful 
thought  by  the  International  Executive  Board  before  action  was 
taken  thereon.  All  the  elements  which  naturally  surround  con- 
sideration of  such  a question,  such  as  the  increase  in  the  cosUof 
living,  the  duties  and  responsibilities  assumed  by  officers  and 
employes,  the  amounts  paid  to  similar  officers  by  sister  organiza- 
tions and  the  action  of  the  convention  were  taken  into  account. 
It  seemed  to  be  the  purpose  of  the  International  Executive 
Board  to  comply  not  only  with  the  letter  of  the  action  of  the 
convention  but  with  the  spirit  as  well.  The  Board  decided  that 
as  substantial  increase  in  wage  scales  had  been  secured  for  all 
members  of  the  United  Mine  Workers  of  America,  the  member- 
ship of  our  union  would  approve  an  increase  in  salaries  to  the 
officers,  field  workers  and  employes  commensurate  with  the 
work  which  they  were  called  upon  to  do.  The  members  of  the 
Board  are  confident  that  the  great  majority  of  the  membership 
of  the  organization  will  approve  the  action  they  have  taken 
upon  this  question.’’ 

The  Cleveland  Convention  did  not  say  the  increase  in  the  officers 
salaries  was  to  be  based  on  “the  increased  cost  of  living,”  nor  the 
“duties  and  responsibilities  assumed  by  the  officers,”  neither  did 
it  say  anything  about  the  “salaries  paid  to  the  officers  of  sister 
organizations,”  and  it  did  not  say  that  the  officers  were  to  take  into 
account  the  “spirit”  of  the  conventions  action  when  they  fixed  their 
salaries. 

What  the  Cleveland  Convention  did  do  was  to  say  in  clear  and 
definite  terms  that  the  salaries  of  the  officers  were  to  be  increased 
in  the  same  amount  that  the  miners  wages  were  increased. 


25 


If  we  are  to  be  allowed  to  disregard  the  letter  of  the  law  and  be 
allowed  to  invoke  the  “spirit’’  of  the  law  when  the  letter  of  it 
stands  in  our  way  then  there  is  no  limit  to  the  distance  we  may  go 
in  taking  unto  ourselves  whatever  we  may  personally  think  we  are 
entitled  to. 

When  the  committee  on  officers  reports  brought  in  a report  to 
the  last  convention  recommending  endorsement  of  the  action  of  the 
International  Executive  Board  in  raising  their  own  salaries  to  an 
amount  far  above  what  they  were  entitled  to  under  the  law  the  con- 
vention overwhelmingly  rejected  the  committees  report.  At  this 
juncture  Vice-President  Fishwick  offered  a motion  reading  as 
follows : 

“I  move  that  all  officers  mentioned  in  Section  1 of  Article 
10  who  have  received  salaries  in  excess  of  the  amounts  speci- 
fied by  that  section  of  our  law  plus  the  advance  awarded  by  the 
Bituminous  Coal  Commission  be  required  to  refund  such  excess 
moneys  to  our  International  Treasury  and  that  the  committee 
on  Constitution  be  instructed  to  amend  the  Constitution  ac- 
cordingly. ” . 

In  discussing  this  motion  President  Lewis  did  not  make  a single 
reference  to  the  law,  although  in  discussing  other  matters  before  the 
Convention  he  had  vigorously  and  dramatically  insisted  on  law  en- 
forcement. Instead  he  argued  that  to  make  the  officers  return  the 
money  would  place  them  before  the  public  in  the  light  of  being 
thieves  and  that  it  would  confirm  the  allegations  that  our  union  is  an 
unlawful  institution  and  that  it  would  jeopardize  the  miners  interests 
in  approaching  wage  scale  negotiations  if  the  convention  made  them 
return  the  money.  In  fact  he  talked  of  every  thing  but  the  law  as 
it  relates  to  officers  salaries. 

Following  President  Lewis’  address  a motion  was  made  to  table 
the  motion  offered  by  Vice-President  Fishwick  and  the  chair  de- 
clared the  motion  to  table  carried.  Following  the  chair’s  announce- 
ment that  the  motion  to  table  had  been  carried  the  delegation  broke 
out  in  wild,  indignant,  and  justified  protest  and  the  tumult  con- 
tinued until  the  chair  announced  that  a roll  call  vote  would  be 
taken.  Although  the  motion  to  table  Vice-President  Fishwick ’s 
motion  was  carried  on  the  roll  call  vote,  which  was  equal  to  saying 
that  the  officers  would  not  be  required  to  return  the  money  they  had 
illegally  taken,  I am  proud  to  be  able  to  state  that  with  the  exception 
of  a number  of  International  organizers  and  a few  others  who  had 
credentials  from  local  uinons  in  District  No.  12,  the  Illinois  delegates, 
almost  to  a man,  voted  against  tabling  the  motion  and  thereby  did 
their  best  to  uphold  the  standards  of  decency  and  honesty  and  the 
Constitution  of  the  United  Mine  Workers  of  America. 

I am  proud  of  their  conduct,  as  the  matter  must  go  down  in  the 
annals  of  our  Union  as  being  nothing  more  than  a disgraceful, 
illegal,  high-handed  salary  grab  and  even  though  President  Lewis 
did  term  them  “the  shrieking  minority”  and  “African  tom  tom 


26 


beaters”  and  “whirling  dervishers”  because  of  their  persistence  in 
the  interest  of  decency,  I am  still  proud  of  them  because  they  know 
right  from  wrong  and  have  the  courage  to  fight  for  right  if  needs 
be  and  because  they  refuse  to  be  fooled  by  a lot  of  bombast  and 
pomp  and  sham. 

Itimization  of  Expenditure  of  Districts  Funds. 

Some  two  years  ago  your  district  officers  expended  some  twenty- 
seven  thousand  dolars  ($27,000.00)  to  suppress  a rebellion  within  our 
district  union.  Bills  are  on  file  in  the  Secretary’s  office  for  the 
money  expended  and  have  been  examined  by  your  district  auditors, 
who  reported  to  the  last  District  Convention  that  the  money  had  all 
been  propertly  accounted  for  and  the  Convention  endorsed  the  posi- 
tion of  the  officers  in  refusing  to  make  an  itimization  of  the  expendi- 
ture. 

Several  months  after  the  Convention  adjourned  and  the  matter 
had  apparently  become  a dead  issue,  6 local  unions  out  of  some 
340  locals  in  District  No.  12,  inspired  by  one  Edw.  Wieck,  at  that 
time  a member  of  Local  Union  No.  705,  O’Fallon,  and  who  was 
forced  to  flee  from  Staunton,  the  community  where  he  was  raised, 
in  the  dead  of  night,  during  the  war  to  escape  a coat  of  tar  and 
feathers  at  the  hands  of  his  indignant  fellowtownsmen,  and  who  was 
in  the  State  of  Washington  when  the  rebellion  broke  out  but  who 
hurried  back  to  Illinois  when  he  heard  of  it  and  who  was  in  southern 
Illinois  during  the  Cleveland  Convention  trying  to  incite  the  mem- 
bers there  to  rebel  against  their  Union  and  who  was  driven  out  by 
the  miners  in  that  section,  and  who  voted  in  the  last  Convention  to 
table  the  motion  requiring  the  officers  to  refund  the  salary  they  had 
illegally  taken,  and  the  officers  of  Sub-district  No.  4,  whose  instruc- 
tions to  do  so  are  challenged,  appealed  to  the  International  Execu- 
tive Board  to  force  your  district  officers  to  itimize  the  expenditures. 

After  President  Lewis  had  made  as  much  political  capital  out 
of  the  matter  as  possible  the  International  Executive  Board  endorsed 
the  decision  which  follows: 

“Indianapolis,  Ind.,  September  22,  1920. 

O’Fallon  Local  Union  No.  705  vs.  District  Executive  Board,  No. 

12,  U.  M.  W.  of  A. 

Mr.  John  L.  Lewis,  President,  United  Mine  Workers  of  America, 

Indianapolis,  Ind. 

Dear  Sir  and  Brother : 

The  committee  selected  by  the  International  Executive 
Board  to  conduct  an  investigation  and  render  decision  concern- 
ing appeal  of  aforesaid  local  union,  in  which  it  accuses  Secretary 
Walter  Nesbit  of  improperly  accounting  for  approximately 
$27,000  of  the  district  organization  funds  expended  during  a 
so-called  unauthorized  strike  which  occured  during  the  summer 
of  1919,  desires  to  submit  the  following: 


27 


We  proceeded  to  Illinois  as  per  instruction,  conferred  with 
Secretary  Nesbit  most  extensively  relative  to  the  matter  and 
afterwards  sought  to  arrange  a meeting  of  all  interested  parties 
at  Majestic  Hotel,  St.  Louis,  Mo.,  September  15,  which  matured 
and  was  attended  by  numerous  representatives  of  the  local 
union,  together  with  representatives  of  various  other  local 
unions  who  had  also  registered  complaint  in  this  connection. 

The  appellant  local  union  alleges  that  the  secretary  in  his 
quarterly  reports  seeks  to  account  for  expenditure  hereinbefore 
named,  in  lump  sum,  under  the  title  ‘Wild-cat  Strike’  instead 
of  itemizing  same,  basing  their  contention  on  Section  13,  Article 
8,  District  No.  12  Constitution,  which  reads  as  follows: 

‘Section  13.  He  shall  submit  to  the  locals,  quarterly,  an 
itemized  statement  of  salary  and  expenses  of  each  officer  and 
employe  of  the  district  organization  in  separate  items,  and 
detailing  the  receipt  and  disbursement  of  all  money  belonging 
to  the  District  Union.’ 

The  Secretary  makes  no  denial  of  this  charge,  but  in  de- 
fense of  his  action  he  states  that  an  insurgent  organization  be- 
came very  active  in  Illinois  during  the  summer  of  1919,  which 
resulted  in  the  district  organization  employing,  temporarily, 
several  men  to  prevent  such  insurgents  from  interrupting  the 
United  MJne  Workers;  that  such  special  employes  were  paid 
out  of  the  district  funds  and  that  he  has  in  his  possession  re- 
ceipts for  same,  but  the  District  Executive  Board  authorized 
him  to  enter  this  appropriation  in  his  report  in  the  way  and 
manner  he  did. 

In  view  of  Section  13,  Article  8,  District  Constitution,  here- 
inbefore reproduced,  if  it  has  any  meaning  at  all,  we  are  forced 
to  the  conclusion  that  the  District  Executive  Board  was  in 
error  when  it  took  occasion  to  authorize  Secretary  Nesbit  to  not 
publish  an  itemized  account  of  the  expenditures  over  which  this 
controversy  arose.  Thus  the  appeal  of  the  local  union  is  sus- 
tained and  we,  therefore,  decide  that  the  District  Executive 
Board  stand  reversed  and  the  expenditures  shall  be  itemized. 

Sincerely  submitted, 

W.  D.  Duncan,  Chairman, 
Wm.  Donaldson,  Secretary, 

L.  Bramlett, 

Geo.  L.  Peck, 

John  O’Leary, 

Committee.  ’ ’ 

From  the  title  of  the  above  decision  it  will  be  observed  that  there 
must  have  been  but  one  local  union  that  had  appealed  to  the  Inter- 
national Executive  Board  when  the  decision  was  rendered  by  the 
committee  of  International  Board  Members,  as  the  decision  is  given 
the  title  of  “O’Fallon  Local  Union  No.  705  vs  District  Executive 
Board.” 


28 


Regarding  the  decision  as  an  arrogant  invasion  of  our  right  of 
district  autonomy  which  we  would  not  surrender  until  instructed  by 
the  Illinois  miners  to  do  so  an  i taking  into  account  the  action  of  our 
last  District  Convention,  your  officers  refused  to  comply  with  the  de- 
cision of  the  International  Executive  Board.  The  matter  was  made  a 
subject  for  consideration  by  our  last  International  Convention,  Presi- 
dent Lewis  having  presented  it  in  his  report  to  the  Convention,  and 
asked  that  body  to  ‘‘convince  the  defiant  officers  of  District  No.  12 
of  the  error  of  their  course.” 

The  Convention  ruled  that  we  must  comply  with  the  decision 
of  the  International  Executive  Board  and  publish  an  itimized  state- 
ment of  the  expenditure,  but  as  yet  we  are  not  “convinced  of  the 
error  of  our  course.”  We  still  hold  that  the  matter  is  purely  an 
internal  affair,  peculiar  to  District  No.  12,  and  that  the  right  to  say 
how  your  money  shall  be  accounted  for  belongs  exclusively  and  in- 
herently to  the  members  of  District  No.  12.  If  the  International 
Union — which  in  reality  means  the  members  from  other  districts 
who  had  no  part  in  accumulating  the  money — can  dictate  as  to  how 
your  money  shall  be  accounted  for  then  it  can  dictate  as  to  how  you 
shall  spend  it  and  indeed  take  it  if  so  desired.  We  do  not  believe  the 
International  Union  has  that  right,  therefore,  we  refused  to  comply 
with  the  decision.  It  was  your  money  that  was  expended,  a Dis- 
trict Convention  approved  of  the  manner  in  which  it  was  accounted 
for.  As  your  agents  we  obeyed  the  mandate  of  the  Convention  and 
shall  continue  to  do  so  until  the  mandate  is  changed  by  the  ac- 
credited representatives  of  the  Illinois  miners.  We  are  not  “de- 
fiant,” but  we  are  determined  to  not  surrender,  without  your 
consent,  your  right  to  dispose  of  and  account  for  your  money  in 
any  manner  that  may  suit  you.  With  us  your  instructions  on  this 
matter  shall  be  supreme.  We  await  your  further  orders. 

Censorship  of  Official  Journal. 

According  to  Secretary  Green’s  report  it  cost  the  miners  one 
hundred  and  ninety-five  thousand  eight  hundred  and  twelve  dollars 
and  ninety-two  cents  ($195,812.92)  to  publish  and  distribute  our 
Official  Journal  for  the  fiscal  year  ended  July  31,  1921.  For  the 
fiscal  year  ended  July  31,  1920  it  cost  one  hundred  and  sixty  thou- 
sand nine  hundred  and  seventeen  dollars  and  ninety- three  cents 
($160,917.93)  for  the  same  purpose  or  thirty-four  thousand  eight 
hundred  and  ninety-four  dollars  and  ninety-nine  cents  ($34,894.99) 
less  than  it  cost  for  the  fiscal  year  ended  July  31,  1921. 

We  had  no  International  election  during  the  fiscal  year  of  1920. 
For  the  first  six  months  of  the  fiscal  year  ended  July  31,  1921,  during 
which  period  we  did  have  an  International  election,  it  cost  one  hun- 
dred and  five  thousand  three  hundred  and  forty-nine  dollars  and 
ninety-two  cents  ($105,349.92)  to  publish  and  distribute  the  Journal 
and  had  the  same  ratio  of  expenditure  been  maintained  for  the  re- 
maining six  months  it  would  have  cost  two  hundred  and  ten  thou- 
sand six  hundred  and  ninety-nine  dollars  and  eighty-four  cents 


29 


( $210, 699. 8^)  for  the  fiscal  year  ended  July  31,  1921,  or  forty-nine 
thousand  seven  hundred  and  eighty-one  dollars  and  ninety-one  cents 
($49,781.91)  more  than  it  cost  for  the  same  purpose  during  the 
fiscal  year  of  1920,  but  due  to  good  management,  I suppose,  during 
the  last  six  months  of  the  fiscal  year  1921,  during  which  six  months 
we  did  not  have  an  election,  the  cost  was  cut  down  and  it  only  cost 
one  hundred  ninety-five  thousand  eight  hundred  and  twelve  dollars 
and  ninety-two  cents  ($195,812.92)  or  thirty-four  thousand  eight 
hundred  ninety-four  dollars  and  ninety-nine  cents  ($34,894.99)  more 
than  it  cost  the  previous  yez^r. 

The  columns  of  the  Journal  are  supposed  to  be  open  to  the 
officers  and  members  of  our  Union  who  may  desire  to  contribute 
articles  or  news  items  calculated  to  be  helpful  to  the  organized 
labor  movement  and  particularly  to  the  members  of  our  Union.  But 
this  does  not  seem  to  be  true  as  will  be  demonstrated  by  the 
correspondence  which  follows : 

“Springfield,  111.,  August  17,  1921. 

Mr.  Ellis  Searls,  Editor, 

United  Mine  Workers  Journal, 

Indianapolis,  Ind. 

Dear  Sir: 

Enclosed  is  an  article  which  I have  written  for  Labor  Day 
Publication.  I shall  appreciate  it  greatly  if  you  will  print  the 
same  verbatim  in  the  Labor  Day  issue  of  our  official  J ournal. 

Yours  truly. 

Signed : Frank  Farrington.  ’ ' 

“Springfield,  111.,  September  7,  1921. 

Mr.  Ellis  Searls,  Editor, 

United  Mine  Workers  Journal, 

Indianapolis,  Ind. 

Dear  Sir: 

Under  date  of  August  17th  I sent‘  you  an  article  for  publica- 
tion in  the  Labor  Day  issue  of  our  official  journal.  I asked  you 
to  publish  this  article  verbatim.  I have  received  no  advice  from 
you  that  you  could  not  do  so,  but  I do  have  before  me  a copy  of 
the  last  issue  of  the  journal  and  I notice  that  you  have  published 
just  about  half  of  my  Labor  Day  article  therein.  I should  like 
to  be  advised  as  to  why  you  decided  to  disregard  my  request  to 
publish  my  article  in  its  entirety  and  took  upon  yourself  the 
liberty  of  publishing  only  about  half  of  it. 

It  seems  to  me  that  my  article  should  have  been  published 
in  its  entirety  as  I requested,  or  that,  if  you  could  not  do  that, 
then  you  should  have  taken  the  matter  up  with  me  and  secured 
my  permission  to  do  so  before  assuming  to  publish  my  article  in 
an  abridged  form.  I shall  appreciate  an  early  reply  from  you 
on  this  subject. 

Yours  truly. 

Signed:  Frank  Farrington.’’ 


30 


‘'Indianapolis,  Ind.,  September  14,  1921. 
i\Ir.  Frank  Farrington, 

Springfield,  111. 

Dear  Mr.  Farrington: 

On  my  return  to  the  office  a day  or  two  ago  from  a business 
trip,  I found  your  letter  of  September  7th,  and  I am  sorry  that 
I have  been  unable  to  find  time  until  now  to  answer  it.  Your 
letter  of  September  13th  also  arrived  this  morning. 

When  your  article  relating  to  Labor  Day  was  received  I 
read  it  very  carefully.  I found  that  a part  of  it  had  a direct 
bearing  on  the  subject  of  Labor  Day,  while  another  large  part 
of  it  had  no  bearing  whatever  on  Labor  Day,  but  referred  to 
entirely  different  matters.  Therefore,  I took  the  liberty  of 
eliminating  that  part  which  had  no  reference  to  Labor  Day,  and 
I published  in  the  Journal  all  that  had  any  bearing  on  that 
subject.  The  article  as  it  was  published  in  the  Journal  was  very 
good  indeed,  and  I wish  to  compliment  you  on  the  thought  and 
sentiment  therein  expressed. 

I am  unable  to  see  where  there  is  any  ground  for  criticism 
on  your  part,  because  I edited  your  article  in  such  a way  as  to 
make  it  exactly  what  you  said  it  was — a Labor  Day  article.  I 
cut  out  only  that  part  which  was  entirely  foreign  to  the  subject 
of  Labor  Day. 

Yours  truly. 

Signed:  Ellis  Searls,  Editor.” 

“Springfield,  111.,  September  15,  1921. 

Mr.  Ellis  Searls,  Editor, 

United  Mine  Workers  Journal, 

Indianapolis,  Ind. 

Dear  Sir: 

I have  your  letter  of  September  14th  which  was  written  in 
answer  to  my  letter  of  September  7th,  and  in  reply  thereto,  I 
advise  that  your  explanation  of  your  reason  for  failing  to 
publish  my  Labor  Day  article  in  its  entirety  is  not  at  all  satis- 
factory to  me,  your  compliment  on  the  same  notwithstanding. 

I prefer  to  exercise  my  own  judgment  about  the  articles  I 
write,  and  you  can  use  your  judgment  as  to  whether  or  not  you 
will  publish  them  in  our  official  journal,  but  I deny  you  the 
right  to  abridge  my  articles  without  first  taking  the  matter  up 
with  me  and  securing  my  consent  to  do  so.  I think  I am  just  as 
capable  as  you  are  of  determining  as  to  whether  or  not  articles 
I may  write  are  appropriate  for  the  occasion.  At  any  rate,  I 
deny  you  the  right  to  censor  my  articles,  and  I think  your 
doing  so  is  an  unwarranted  piece  of  assumption  on  your  part, 
at  least,  I have  never  heard  of  where  you  have  been  delegated  to 
act  as  censor  of  articles  that  are  to  appear  in  our  official  journal, 
and  which  have  been  written  by  the  accredited  officers  of  the 
organization,  for  that  purpose. 


31 


I think  I understand  pretty  well  why  my  article  was  not 
published  in  its  entirety,  and  the  reason  was  not  that  which  was 
stated  in  your  letter,  but  whether  it  was  or  not  I do  not  wmnt 
you  to  censor  and  abridge  any  more  of  my  articles.  I shall  use 
my  own  judgment  as  to  what  I shall  say  in  any  article  I may 
write  and  you  may  use  your  judgment  as  to  whether  or  not 
you  shall  publish  it,  but  if  it  is  published,  I desire  that  it  be 
published  as  I write  it  and  not  as  you  think  it  should  be. 

Yours  truly. 

Signed : Frank  Farrington.  ’ ’ 

'‘Indianapolis,  Ind.,  September  16,  1921. 

Mr.  Frank  Farrington, 

Springfield,  111. 

Dear  Sir: 

I acknowledge  receipt  of  your  letter  of  September  15th,  in 
which  you  again  complain  because  I eliminated  a portion  of  the 
article  which  you  sent  in  for  publication  as  a Labor  Day 
article.  In  my  letter  to  you  of  September  14th  I stated  clearly 
and  exactly  the  reason  for  my  action,  and  I have  nothing  to 
add  to  what  I said  then  on  that  point. 

In  your  letter  I note  the  following:  'I  think  I understand 
pretty  well  why  my  article  was  not  published  in  its  entirety,  and 
the  reason  was  not  that  which  was  stated  in  your  letter.  ’ This 
statement  of  yours  does  not  change  the  fact  that  I cut  out  of 
your  article  that  portion  which  had  no  reference  whatever  to 
Labor  Day,  and  which  you  injected  into  the  article  for  a pur- 
pose of  your  own.  It  is  plainly  apparent  to  anyone  that  you 
wrote  that  portion  of  your  article  for  the  sole  and  only  purpose 
of  creating  discord  in  the  ranks  of  the  membership  of  the  United 
Mine  Workers  of  America,  and  I serve  notice  on  you  now  that 
neither  you  nor  anyone  else  may  use  the  columns  of  the  Journal 
for  any  such  purpose.  The  Journal  will  not  publish  matter  from 
any  one  which  is  written  for  the  purpose  of  venting  the  spleen 
of  the  writer.  I should  think  that  you,  as  an  official  of  this 
union,  would  gladly  approve  that  policy. 

Yours  truly. 

Signed:  Ellis  Searls,  Editor.” 

"Springfield,  111.,  September  17,  1921. 

Mr.  Ellis  Searls,  Editor, 

United  Mine  Workers  Journal, 

Indianapolis,  Ind. 

Dear  Sir: 

This  is  to  acknowledge  receipt  of  your  letter  of  September 
16th,  which  was  written  in  answer  to  my  letter  of  September 
15th.  I have  noted  particularly  that  part  of  your  letter  which 
reads  as  follows: 

' It  is  plainly  apparent  to  anyone  that  you  wrote  that  portion 
of  your  article  for  the  sole  and  only  purpose  of  creating  discord 


32 


in  the  ranks  of  the  membership  of  the  United  Mine  Workers  of 
America,  and  I serve  notice  on  you  now  that  neither  you  nor  any- 
one else  may  use  the  columns  of  the  Journal  for  any  such  pur- 
pose. The  Journal  will  not  publish  matter  from  anyone  which 
is  written  for  the  purpose  of  venting  the  spleen  of  the  writer. 

I should  think  that  you,  as  an  official  of  this  union,  would 

gladly  approve  that  policy.’ 

I regard  your  statement  as  being  a very  serious  charge  and 
I therefore  request  that  you  write  me  telling  me  exactly  just 
what  part  of  my  Labor  Day  article  was  in  your  judgment  in- 
tended to  create  discord  in  the  ranks  of  the  United  Mine 

Workers  of  America  and  as  an  effort  to  vent  my  personal  spleen. 

I think  I should  also  say  to  you  in  advance  that  when  you 
make  that  charge  against  me  you  are  quilty  of  an  absolute 
falsehood  and  no  one  knows  better  than  you  that  I was  not 
attempting  to  create  discord  in  the  United  Mine  Workers  of 
America  and  that  my  article  was  not  an  attempt  to  vent  my 
spleen,  unless  you  term  trying  to  get  the  truth  before  the  mem- 
bership of  our  union  as  being  an  effort  to  create  discord  and 
vent  one’s  spleen. 

At  any  rate,  I shall  appreciate  an  early  reply  telling  me 
exactly  which  part  of  my  article  it  was  that  in  your  judgment 
was  intended  to  create  discord  in  the  ranks  of  our  union  and 
which  was  an  effort  on  my  part  to  vent  my  spleen. 

Please  address  your  answer  to  the  English  Hotel,  Indian- 
apolis, Ind. 

Yours  truly. 

Signed : Frank  Farrington.  ’ 


“Indianapolis,  Ind.,  Sept.  20,  1921. 

Mr.  Frank  Farrington, 

Hotel  English, 

Indianapolis. 

Dear  Sir:  -.rr  ^ 

I acknowledge  receipt  of  your  letter  of  September  17th,  ana 
in  reply  will  say  that  when  I wrote  in  my  letter  to  you  ot 

September  16th:  4.  4.1.  4. 

‘It  is  plainly  apparent  to  anyone  that  you  wrote  that 

portion  of  your  article  for  the  sole  and  only  purpose  of . 
creating  discord  in  the  ranks  of  the  membership  of  the  United 
Mine  Workers  of  America,  and  I serve  notice  on  you  now  that 
neither  you  nor  anyone  else  may  use  the  columns  of  the- 
Journal  for  any  such  purpose.  The  Journal  will  not  publish, 
matter  from  anyone  whieh  is  written  for  the  purpose  of  vent- 
ing the  spleen  of  the  writer.  I should  think  that  you,  as  an 
officer  of  this  union,  would  gladly  approve  that  policy.’ 

I had  reference  to  that  part  of  your  Labor  Day  article  which 
I eliminated  before  publishing  the  rest  of  it  in  the  Journal. 

'Yours  truly. 

Signed:  Ellis  Searls,  Editor.’” 


33 


The  part  of  my  article  Editor  Searls  deleted  and  refused  to 
publish  is  quoted  below,  word  for  word,  and  reads  as  follows: 

judging  its  value  we  should  not  he  influenced  by 
our  fondness  or  dislike  of  certain  individuals.  The  conduct  of 
some  officer  should  not  be  an  influencing  factor  in  trying  to 
reach  a conclusion.  Neither  should  the_  rendition  of  some  de- 
cision or  the  adoption  of  some  certain  policy  be  our  guide.  Such 
things  are  incidental  and  are  too  inconsequential  to  be  used  as 
factors  in  formulating  our  judgment  of  a movement  so  great 
and  so  essential  as  the  labor  movement.  We  do  not  look  for 
perfection  in  any  other  human  institution,  why  should  we  expect 
to  find  it  in  the  labor  movement?  To  find  the  true  value  of 
anything  we  must  deal  with  fundamentals  instead  of  incidentals. 

* ^ ^ Another  way  to  find  value  is  by  comparison.  To  know  the 
true  value  of  the  labor  movement  one  need  but  compare  the 
condition  of  the  organized  and  unorganized  workers.  Compare 
the  condition  of  the  Illinois  mine  worker  with  that  of  the  mine 
worker  in  Alabama  or  any  one  of  the  other  non-union  coal  fields. 
Let  those  who  so  bitterly  assail  the  Illinois  Miners’  Union  go 
into  any  one  of  those  fields  and  if  they  stay  there  long  enough 
to  gain  the  experience  they  need,  it  is  safe  to  venture  they  will 
return  to  Illinois  with  changed  opinions  as  to  the  real  value  of 
our  union. 

Certainly  the  labor  movement  has  its  weaknesses  and  many 
of  them  and  not  the  least  of  them  is  the  dissension  that  exists 
within  the  movement  and  not  the  least  of  the  obstacles  to  be 
overcome  is  the  influence  of  those  who  delioerately  design  to 
prevent  its  progress. 

Two  ways  are  employed  by  the  enemies  of  the  labor  move- 
ment to  undermine  the  strength  of  and  to  prevent  the  growth  of 
unionism.  One  is  the  machine  gun,  injunction  and  gun-man 
method,  with  which  all  are  familiar,  and  which  is  so  ruthlessly 
employed  to  prevent  the  unionization  of  non-union  fields.  The 
other  and  more  dangerous  way  is  to  demoralize  the  ranks  of 
men  who  are  organized.  This  is  done  by  invoking  the  aid^  of 
mercenary  traitors  who,  under  the  guise  of  being  good  union 
men,  devote  their  time  to  harassing  and  insideously  defaming 
the  good  name  of  absent  officers,  to  attacking  decisions,  to 
denouncing  policies,  to  discounting  accornplishments  and  to 
flouting  accredited  authority,  thereby  creating  distrust  and  di- 
vision and  demoralization  in  the  ranks  of  men  who  otherwise 
would  be  united.  The  latter  method  is  more  dangerous  than 
the  other  because  honest  men  are  oft  times  deceived  by  the 
tactics  of  these  paid  traitors  and  as  a consequence  they  lose  con- 
fidence in  and  respect  for  their  union  and  spend  their  time  fight- 
ing each  other,  thus  wasting  the  strength  that  would  accrue  by 
unity,  weakness  follows  and  the  aim  of  the  enemy  has  been  at- 
tained. 


34 


This  insidious  work  of  demoralization  cannot  be  accom- 
plished by  the  employer  working  out  in  the  open.  He  is  regarded 
with  suspicion  and  the  workers  are  not  apt  to  follow  his  lead. 
To  succeed  the  enemy  must  have  the  help  of  men  in  whom  the 
workers  have  confidence,  so  weak,  mercenary  traitors  are  re- 
cruited from  the  ranks  of  labor  to  sow  the  seeds  of  distrust. 
These  prostituted  villains  invade  the  councils  of  labor  to  incite 
men  to  commit  acts  against  their  union.  Carefully  manufactured 
falsehoods  are  circulated  and  the  source -from  whence  they 
originate  no  one  knows.  It  is  said  the  officers  are  traitors  and 
are  ruling  the  union  with  the  rule  of  tyrants,  that  they  own 
stock  in  mines,  etc.  Every  device  kown  to  cunning  and  un- 
scrupulous men  is  used  to  create  a feeling  of  suspicion  and  dis- 
trust in  the  minds  of  men  and  as  the  vile  stories  of  these  reptiles 
gain  credence  men  become  divided  against  themselves  and  are 
at  war  with  each  other  and  honest  but  deceived  men  are  arrayed 
against  their  fellowmen.  As  the  confidence  of  the  workers  is 
decreased  the  strength  of  the  enemy  is  increased  and  the  work  of 
demoralization  goes  on  until  the  union  is  divided  and  finally 
destroyed. 

Weak  unions  are  not  feared.  If  the  opponents  of  labor 
could  know  that  the  labor  movement  would  never  grow  strong 
there  would  not  be  much,  if  any,  opposition  to  unionism.  It  is 
when  a union  gets  strong  and  formidable  that  it  is  feared  and 
the  more  strength  it  has  the  more  it  is  feared  and  the  more 
enemies  it  has.  When  a strong  union  cannot  be  kept  out  the 
thing  its  enemies  will  do  is  to  try  to  make  it  weak  and  the  way 
to  make  it  weak  is  to  create  dissension  and  division  in  its  ranks. 

Because  the  Illinois  Miners’  Union  is  big  and  strong  and  far 
reaching  in  influence  it  has  many  enemies  who  would  like  to  see 
it  weakened.  Why?  Though  the  boundaries  of  your  district 
union  do  not  extend  beyond  Illinois,  its  influence  extends  into 
every  mining  district  in  the  country,  as  was  demonstrated  in  a 
practical  way  not  very  long  ago  and  the  happening  should  still 
be  fresh  in  the  mind  of  everyone. 

When  the  President  of  the  United  States  decided  there 
were  some  inequalities  in  the  award  of  the  Bituminous  Coal 
Commission,  the  movement  that  impelled  him  to  that  realization 
was  initiated  in  Illinois  and  when,  as  a result  of  the  pressure 
brought  to  bear  on  them  by  the  Illinois  Miners’  Union,  the 
Illinois  operators  decided  to  increase  the  wages  of  all  shift  hands 
in  Illinois,  the  operators  in  every  other  mining  district,  non- 
union fields  included,  were  compelled  to  do  likewise  and  not- 
withstanding they  had  previously  declared  they  would  not  do 
so.  Naturally  the  operators  from  other  districts  are  fearful  of 
the  strength  shown  at  that  time  and  consequently  the  Illinois 
Miners’  Union  now  has  more  enemies  than  ever,  who  will  use 
all  the  power  they  possess  and  who-  will  work  in  many  and 
devious  ways  to  weaken  the  district  that  forced  them  "to  in- 


35 


crease  wages  when  no  other  agency  seemed  to  be  capable  of 
doing  so  and  to  those  who  know  the  ways  of  the  enemies  of  the 
labor  movement  it  is  not  strange  that  a few  men  should  have 
suddenly  discovered  that  it  would  be  a fine  thing  to  divide  the 
Illinois  miners. 

This  attack  will  fail  because  the  Illinois  miners  are  proud 
of  and  true  to  their  union  but  they  will  have  to  be  on  the  alert 
as  sinister  influences  are  at  work.  The  enemy  is  active,  other 
attacks  in  other  forms  will  be  made.  The  attempts  to  create 
distrust  and  division  and  demoralization  will  be  continued  be- 
cause the  Illinois  Miners’  Union  is  too  big  and  strong  and 
militant  to  suit  the  enemy.  A divided,  weakened  union  would 
be  more  to  their  liking.” 

If  there  is  anything  in  the  above  that  would  warrant  Editor 
Searls  saying,  as  he  did  in  his  letter  of  September  16th;  ‘‘It  is 
plainly  apparent  to  anyone  that  you  wrote  that  portion  of  your 
article  for  the  sole  and  only  purpose  of  creating  discord  in  the  ranks 
of  the  membership  of  the  United  Mine  Workers  of  America,  and  I 
serve  notice  on  you  now  that  neither  you  nor  anyone  else  may  use 
the  columns  of  the  Journal  for  any  such  purpose.  The  Journal  will 
not  publish  matter  from  anyone  which  is  written  for  the  purpose  of 
venting  the  spleen  of  the  writer,”  I am  unable  to  divine  what  it  is.. 

When  the  Illinois  miners,  led  by  their  officers,  organized  the 
movement  which  resulted  in  securing  an  agreement  one  year  ago 
last  August  giving  all  shift  hands  an  increase  of  $l.o0  per  day,  the 
miners  powder  for  $2.15  per  keg,  a modification  of  our  automatic 
penalty  clause  and  a uniform  rule  requiring  the  operators  to  haul 
the  men  from  the  bottom  to  the  inside  workings  and  back  again  at 
quitting  time,  and  which  resulted  in  the  shift  hands  all  over  the; 
country  getting  an  increase  of  $1.50  per  day,  the  award  of  the ' 
Bituminous  Coal  Commission  notwdthstanding.  Secretary  Nesbit 
sent  a copy  of  our  agreement  to  Editor  Searls  for  qublication  in 
our  Journal  so  the  mine  workers  of  the  country  might  know  what 
had  been  done,  but  it  was  not  published  as  requested  by  Secretary 
Nesbit.  I guess  Editor  Searls  thought  it  too  was  intended  to  “create 
discord  and  to  vent  the  authors  spleen.” 

The  truth  is  that,  through  the  columns  of  the  Journal,  the 
officers  of  our  International  Union  have  purloined  the  credit  of 
securing  the  increase  for  shift  hands  when  as  a matter  of  fact  the 
increase  was  not  secured  by  them  but  in  spite  of  them  and  I guess 
Editor  Searls  feared  the  mine  workers  would  get  an  inkling  of  the 
truth  about  the  matter,  therefore,  his  reason  for  refusing  to  publish 
my  article  in  its  entirety.  However,  after  my  experience,  of  one 
thing  I am  confident  and  that  is  that  nothing  will  appear  in  the 
Journal  that  in  any  way  detracts  from  the  artificial  accomplish- 
ments of  our  International  officers,  even  though  the  membership  does 
pay  one  hundred  and  ninety-five  thousand  eight  hundred  and  twelve 
dollars  and  ninety-two  cents  ($195,812.92)  per  year  for  its  publica- 
tion and  distribution,  under  the  deluded  belief  that  they  can  get  the 
truth  of  things  through  its  columns. 


36 


Politics  as  Played  by  the  Officers  of  our  International  Union. 

For  some  time  Michael  Halapy,  a member  of  our  Union  in  the 
Pittsburgh  District,  has  been  in  a controversy  involving  his  right  to 
run  for  the  Presidency  of  that  district  in  their  last  district  election, 
the  district  officers  having  ruled  him  ineligible  to  do  so.  The  con- 
troversy finally  reached  the  International  Executive  Board. 

I make  no  pretense  of  being  familiar  with  the  merits  of  the  con- 
troversy and  would  not  make  reference  to  it  in  this  report  were  it 
not  for  the  fact  that,  following  their  usual  practice  of  trying  to 
crucify  and  ruin  every  one  who  dares  to  disagree  with  them  and 
who  will  not  play  their  game  of  dirty  politics,  the  officers  of  our 
International  Union  have  used  the  Halapy  case  to  bring  discredit 
to  the  President  of  District  No.  12,  by  making  it  appear  in  their 
decision  in  said  case  that  I fostered  a dual  organization  in  the  Pitts- 
burgh District. 

On  September  21,  1921,  a committee  of  five  International  Board 
Members,  namely,  Lawrence  Dwyer,  District  No.  29  (West  Virginia) 
B.  A.  Scott,  District  No.  17  (West  Virginia)  Thomas  Davis,  District 
No.  1 (Anthracite)  D.  H.  AVatkins,  District  No.  13  (Iowa)  and  A.  R. 
Witkins,  District  No.  6 (Ohio),  signed  a decision  in  the  Halapy  case 
and  submitted  it  to  President  Lewis,  Halapy,  and  Robt.  Gibbons, 
President  of  District  No.  5.  In  their  decision  it  is  stated  that  Board 
Members  D.  A.  Watkins  and  B.  A.  Scott  did  not  participate  in  the 
investigation  made  by  the  committee  previous  to  making  the 
decision,  but  notwithstanding  this  fact  the  names  of  Watkins  and 
Scott  are  signed  to  the  decision  and  the  decision  was  secretly  circu- 
lated among  the  delegates  who  attended  the  International  Conven- 
tion, just  recently  adjourned.  The  decision  reads  in  part  as  follows : 

‘ ‘ Michael  Halapy  gave  further  evidence  that  he  was  indenti- 
fied  with  the  dual  organization  in  District  No.  5 from  October 
1920  to  sometime  in  March  1921.  He  further  states  that  he  was 
President  of  that  dual  organization  and  on  November  8,  1920, 
he  and  the  policy  committee  signed  and  sent  out  to  all  mem- 
bership in  District  5,  U.  M.  W.  of  A.  a circular  letter  wherein 
they  asked  the  membership  of  District  5,  U.  M.  W.  of  A.  to  send 
in  their  captitation  tax  to  their  secretary,  Thomas  Meyerscough, 
temporary  address  Monongahela  House,  Pittsburgh,  Pa.  He 
further  said  our  membership  in  District  5 responded  to  that 
circular  letter  by  sending  in  to  them  between  $1200  and  $1400. 
He  further  testified  that  his  associates  appealed  to  President 
Frank  Farrington  and  the  District  Executive  Board  of  District 
12  and  they  responded  by  sending  in  Auditors  Martin  and 
Schaefer,  who  said  they  called  to  see  the  situation  and  what  we 
had.  We  met  them  and  the  fact  was  put  up  to  them  that  we 
were  broke  and  these  auditors  gave  Halapy  $50,  which  he 
divided  among  his  associates  and  the  auditors  left  for  Illinois 
to  report  to  President  Farrington  and  a little  later  on  President 
Prank  Farrington  sent  them  a draft  for  $750,  making  a total  of 
$800  they  received  from  Illinois.  Halapy  also  testified  that  he 


37 


appealed  to  Alexander  Howat  for  financial  aid  but  he  had  to 
send  Howat  five  telegrams  before  he  responded.  President 
Alexander  Howat  gave  us  $500.  Halapy  also  said  that  Robt. 
Harlin  also  gave  him  $650.  He  further  testified  that  he 
(Halapy)  kept  $250  of  this  amount  and  divided  the  other  $400 
among  his  associates. 

Michael  Halapy  further  testifies  that  considering  the  num- 
ber of  our  loyal  brother  members  in  West  Virginia  who  have 
given  their  lives  and  our  women  and  children  now  living  in  tents 
in  numerous  instances  without  shoes  and  making  numerous  other 
sacrifices,  considering  this  situation,  he  now  realizes  that  the 
ones  financing  that  dual  movement  were  not  honest  in  their 
action.” 

At  no  time  was  I asked  to  appear  before  the  committee  to  affirm 
or  deny  the  above  statement,  alleged  to  have  been  made  by  Halapy. 
In  fact  I had  no  knowledge  that  the  investigation  was  being  con- 
ducted and  it  does  seem  to  me  that  before  any  one  is  charged  with  an 
offense  so  serious  as  that  of  fostering  a dual  organization  in  our 
Union  they  should  at  least  be  given  an  opporunity  to  be  heard.  I 
had  no  inkling  of  what  was  going  on  and  was  given  no  opportunity 
to  be  heard  and  I am  sure  the  same  is  true  of  Howat  and  Harlin. 
To  this  day  I would  have  had  no  knowledge  of  the  serious  indict- 
ment that  had  been  drawn  against  me  had  I not  been  fortunate 
enough  to  indirectly  secure  a copy  of  the  committee’s  decision  while 
attending  the  International  Convention. 

This  decision  and  indictment  was  drawn,  on  ex  parte  evidence, 
without  giving  Howat,  Harlin  or  myself  any  hearing  whatsoever, 
by  five  men  who  exalt  themselves  as  being  members  of  the  Inter- 
national Executive  Board,  the  supreme  court  of  our  Union,  the 
body  charged  with  the  responsibility  of  directing  the  destiny  of  our 
Union  and  to  which  in  the  last  extremity  all  members  of  our  Union 
must  go  for  redress  and  justice  and  to  which  all  should  be  able  to 
go,  confident  that  the  members  thereof  are  men  of  clean  principle, 
inflexible  honesty  and  sincere  exponents  of  a square  deal  for  all, 
but  by  drawing  this  decision  and  indictment  in  the  manner  it  was 
done,  these  five  members  have  descended  to  the  level  of  cheap  politi- 
cians and  have  thereby  shown  utter  unfitness  to  fill  the  exalted  posi- 
tions they  occupy  and  they  have  polluted  every  principle  of  union- 
ism and  square  dealing  and  if  their  action  is  exemplary  of  the  con- 
duct of  their  associates,  then  no  one  having  regard  for  decent 
practice  can  have  any  confidence  in  or  respect  for  the  International 
Executive  Board. 

I brand  the  allegation  or  insinuation  that  I fostered  a dual  move- 
ment in  the  Pittsburgh  District  or  elsewhere  as  an  infamous  lie  and 
those  making  the  allegation  or  insinuation  as  damnable  liars.  I did 
send  men  and  money  into  the  Pittsburgh  District,  but  not  to  en- 
courage or  aid  the  formation  of  a dual  movement,  as  will  be  clearly 
shown  by  the  telegrams  and  letters  hereinafter  quoted. 


38 


On  October  20,  1920  I received  the  telegram  which  follows : 

“Charleroi,  Pa.,  Oct.  19,  1920. 

Frank  Farrington, 

Farmers  Bank  Bldg., 

Springfield,  111. 

Local  Unions  of  District  five  have  called  special  convention 
which  meets  in  Norse  Room,  Fort  Pitt  Hotel,  Pittsburgh,  Pa. 
on  November  third,  fourth  and  fifth  when  district  officials  re- 
fused to  do  so  on  more  than  sufficient  number  of  requests. 
Interests  of  United  Mine  Workers  in  general  require  that  you 
be  present  and  accordingly  we  are  extending  this  invitation. 
Letter  follows  with  detailed  explanation.  Wire  care  Mononga- 
hela  House,  Pittsburgh,  Pa. 

Signed : Michael  Halapy.  ’ ’ 

Regardless  of  the  invitation  extended  in  the  above  telegram,  I 
had  no  desire  to  go  to  Pittsburgh  to  interfere  in  the  affairs  of  Dis- 
trict No.  5 and,  after  mature  consideration  and  consultation  with 
my  associates,  I wired  Halapy  on  October  25th  as  follows : 

“Springfield,  111.,  October  25,  1920. 

Mike  Halapy, 

Monongahela  House, 

Pittsburgh,  Pa. 

With  reference  to  your  telegram  of  October  nineteenth  I 
advise  that  the  work  in  our  district  is  such  as  to  make  it  im- 
possible for  me  to  attend  the  meeting  to  be  held  in  the  Norse 
Room,  Fort  Pitt  Hotel,  Pittsburgh,  November  third,  fourth  and 
fifth.  May  I not  expriess  to  you  and  through  you  to  the  men 
who  will  attend  this  meeting  the  hope  that  their  work  will 
redound  to  the  credit  and  benefit  of  the  U.  M.  W.  of  A. 

Signed:  Frank  Farrington.’^ 

Surely  there  was  nothing  in  the  above  telegram  to  indicate  that 
I favored  the  formation  of  a dual  movement.  After  sending  my 
telegram  of  October  25th  I have  no  recollection  or  record  of  having 
heard  anything  more  from  Halapy  until  December  22nd  when  he 
wired  me  as  follows : 

“Pittsburgh,  Pa.,  December  22,  1920. 

Frank  Farrington, 

Springfield,  111. 

Disclosures  indicate  that  most  of  the  vote  of  District  Num- 
ber five  was  corrupted  and  bought  up  by  use  of  whiskey  and 
money  by  officers  of  District  Number  five.  In  face  of  these 
facts  sworn  to  by  reputable  miners  the  policy  committee  has 
filed  a protest  with  International  Tellers  against  the  counting  of 
the  vote  from  this  district.  We  have  done  this  to  save  the 
miners  organization  from  being  demoralized,  corrupted  and 
disrupted. 

Signed:  Michael  Halapy.” 


39 


Upon  the  receipt  of  the  above  telegram  I instructed  Auditors 
Schaefer  and-Martin  to  visit  Pittsburgh  to  learn  what  they  could  of 
the  charge  that  the  votes  cast  in  the  Pittsburgh  District  for  Inter- 
national officers  had  been  “corrupted,”  but  with  strict  instructions 
to  take  no  action  while  there  hut  to  report  to  me.  I took  no  further 
action  until  Halapy  wrote  me  under  date  of  December  29th,  as 
follows : 


“Monongahela  House,  Pittsburgh,  Pa., 
December  29,  1920. 

Mr.  Frank  Farrington, 

Springfield,  111. 

Friend  Farrington: 


The  committee  that  you  sent  down  here  to  get  a line  on  the 
fraud  and  corruption  committed  in  the  recent  miners  election 
will  no  doubt  submit  to  you  a detailed  report  and  for  that  reason 
I need  not  go  into  that  matter.  To  be  brief,  however,  I want  to 
say  that  the  Pittsburgh  District  is  worse  than  Tammany  Hall. 
Of  course,  with  much  of  this  you  are  conversant.  However,  in 
the  recent  election  the  gang  went  to  extremes  to  secure  votes  by 
use  of  money,  whiskey  and  promises  of  appointment.  The  whole 
affair  is  terrible  nasty  and  if  it  is  exposed  it  will  forever  dis- 
credit the  men,  who  have  committed  or  countenanced  these 
offenses  against  our  Union. 

In  the  near  future  we  will  be  able  to  submit  to  you  copies 
of  sworn  statements  showing  where  quite  a number  of  local 
uni  e as  in  this  district  exist  only  on  paper.  Heretofore  these 
fictitious  locals  have  been  used  by  the  officers  of  the  district  to 
maintain  a balance  of  power  in  our  conventions  and  the  fictitious 
votes  were  plunked  for  the  administration  candidates  in  the 
elections.  Whiskey  and  money  were  used  on  such  an  extensive 
scale  .that  we  have  every  reason  to  believe  that  the  funds  were 
furnished  by  the  Coal  Operators,  who  are  enjoying  special  privi- 
leges in  this  district.  We  propose  to  secure  positive  sworn 
affidavits  in  substantiation  of  all  this  and  whatever  assistance 
we  secure  from  you  and  the  miners  of  District  Xo.  12  will  cer- 
tainly be  appreciated  by  our  men  down  here. 

We  did  not  insist  upon  Schaefer  and  Martin  staying  with 
us  as  we  have  quite  a number  of  capable  men  here  to  make  a 
thorough  investigation.  Some  of  these  men  have  been  black 
listed  and  temporary  employment  at  this  kind  of  work  will  be 
a relief  to  them  and  their  families. 

Our  sole  aim  in  continuing  the  fight  that  we  are  engaged 
in  in  this  district  is  to  purge  our  union  of  corrupting  influences 
- which  would  in  time  spread  all  over  our  jurisdiction  and  render 
our  organization  the  most  reactionary  institution  in  the  country. 
So  it  becomes  the  duty  of  every  true  United  Mine  Worker  of 
America  to  fight  this  menace  and  destroy  it  root  and  branch. 


40 


I will  keep  y©u  posted  from  time  to  time  of  the  progress  we 
make  here,  for  I believe  that  you  and  the  Illinois  Miners  are 
deeply  interested  in  the  outcome  of  our  fight  for  decency. 


With  the  kindest  personal  regards  and  New  Year  Greetings, 
I am 


Fraternally  yours. 

Signed:  Michael  Halapy.” 


After  the  receipt  of  the  above  letter  I consulted  with  personal 
friends,  good  union  men,  and  they  agreed  to  join  with  me  in 
personally  raising  seven  hundred  and  fifty  dollars  ($750.00)  to  be 
sent  to  Pittsburgh  and  on  December  31st,  I wired  Halapy  as  follows : 


“Springfield,  111.,  December  31,  1920. 

Michael  Halapy, 

Monongahela  House, 

Pittsburgh,  Pa. 

Friends  in  this  district  who  favor  clean  elections  in  the 
miners  union  have  agreed  to  donate  seven  hundred  and  fifty 
dollars  to  prosecute  investigation  of  .alleged  corruption  in  Pitts- 
burgh district.  I will  mail  you  draft  for  that  amount  next 
Tuesday.  Am  wiring  Harlin  and  Howat  to  do  their  part  in  this 
connection. 

Signed:  Prank  Farrington.’’ 

On  the  following  Tuesday,  January  4,  1921,  I sent  Halapy  a 
draft  for  $750.00  in  accordance  with  the  promise  made  him  in  my 
telegram  of  December  31st.  After  this  I heard  nothing  more  from 
Halapy  until  I received  the  letter  which  follows : 

“Monongahela  House,  Pittsburgh,  Pa., 
January  11,  1921. 

Frank  Farrington,  President, 

U.  M.  W.  of  A.,  District  12, 

Springfield,  111. 

Dear  Sir  and  Brother : 

We  are  appealing  through  you  to  the  members  of  the  U. 
M.  W.  of  A.,  District  No.  12,  for  support  both  moral  and  finan- 
cial. Every  principle  of  the  U.  M.  W.  of  A.  has,  and  is  being 
flagrantly  violated  in  this  District.  Pacts  and  affidavits  now 
on  file  are  beyond  dispute  to  prove  the  above  assertion,  and  we 
sincerely  believe  that  if  our  committee  receives  the  financial  aid 
they  will  be  able  to  purge  the  U.  M.  W.  of  A.  of  the  many  thieves 
and  corruptionists  from  longer  conducting  their  nefarious  work. 

The  U.  M.  W.  of  A.  cannot  endure  and  thrive  under  the 
practices  now  in  vogue  in  this  district  and  can  only  result,^  if 
continued,  in  making  the  men,  women  and  children  of  the  Mine 
Workers  practically  slaves. 

We  are  compelled  to  appeal  to  you  by  reason  of  the  fact 
that  the  powers  that  be  in  this  district  have  threatened  the  mem- 


41 


bership  of  their  expulsion  if  any  contributions  are  made  to  this 
cause. 

We,  therefore,  ask  you  in  our  name  to  issue  a circular  for 
financial  aid  from  your  office  by  endorsing  this  letter  and  send- 
ing it  to  all  your  locals. 

Very  respectfully  yours, 

Michael  Halapy,  President, 
Signed:  Thos.  Myerscough,  Secretary, 

On  behalf  of  committee  of  action.  ’ ^ 

Answering  Halapy ’s  letter  of  January  11,  1921,  I wrote  him  as 
follows : 

“Springfield,  111.,  January  14,  1921. 

Mr.  Michael  Halapy, 

Monongahela  House, 

Pittsburgh,  Pa. 

Dear  Sir  and  Brother : 

Answering  your  letter  of  January  11th  concerning  matter 
of  raising  funds  to  purge  our  organization  of  the  corruption  in 
the  Pittsburgh  district,  I advise  that  my  judgment  is  that  it 
should  not  be  necessary  to  issue  a circular  appeal  for  that  pur- 
pose. Surely  to  God  there  are  enough  honest  mine  workers  in  the 
Pittsburgh  district  who  would  be  willing  to  contribute  enough 
money  to  purify  their  organization. 

I note  what  you  say  about  the  officers  having  prohibited 
the  members  in  the  Pittsburgh  district  from  making  contribu- 
tions for  that  purpose,  even  though  that  be  true  that  does  not 
prevent  individuals  from  personally  contributing  their  own 
money.  I do  not  feel  that  I am  conversant  enough  with  affairs 
in  the  Pittsburgh  district  to  warrant  my  issuing  a circular  of 
appeal  to  our  members  in  District  No.  12. 

If  any  circular  is  to  be  issued  I think  it  should  be  prepared 
and  signed  by  your  committee  and  issued  from  Pittsburgh.  I 
am  satisfied  that  if  you  should  issue  such  a circular  that  quite  a 
number  of  our  local  unions  will  respond  to  such  an  appeal,  but 
by  all  means  I think  the  circular  should  be  prepared  by  your 
committee  and  be  issued'  from  Pittsburgh,  and  it  should  not  only 
be  sent  into  Illinois  but  into  every  other  district  in  our  organiza- 
tion. 

Yours  truly. 

Signed : Frank  Farrington,  President.  ’ ^ 

After  writing  the  above  letter  I heard  nothing  more  from  Pitts- 
burgh until  International  Organizer  Grecula  sent  me  a telegram  on 
February  8th  that  will  be  hereinafter  quoted,  but  before  quoting  his 
telegram  it  is  necessary  to  explain  who  Grecula  is. 


42 


John  Grecula  is  one  of  those  contemptible  individuals  who  would 
sell  their  soul  for  an  organizers  commission.  Long  before  he  became 
an  International  Organizer  he  professed  to  be  a warm  friend  of 
Robt.  H.  Harlin.  Several  years  later  he  was  commissioned  as  an 
International  Organizer,  but  during  the  last  International  election 
he  went  to  Harlin  saying  he  had  been  discharged  by  President  Lewds 
and  volunteered  to  do  what  he  could  to  help  elect  Howat  and  Harlin 
and  during  the  election  he  was  in  the  Pittsburgh  district  pretending 
to  be  friendly  to  them.  In  reality  he  was  only  a spy  that  had  been 
‘"planted”  in  their  camp.  He  was  on  the  International  pay  roll  then 
and  he  is  on  it  now,  but  when  he  wired  me  he  was  supposed  to  be 
supporting  Howat  and  Harlin. 

Grecula ’s  telegram  of  February  8th  reads  as  follows : 

“Pittsburgh,  Pa.,  Feb.  8,  1921. 

Frank  Farrington, 

Springfield,  111. 

Our  friends  at  their  meeting  yesterday  decided  to  start 
move  for  independent  union.  Circulars  will  be  sent  to  all  local 
unions  in  District  five  to  that  effect.  While  am  here  on  behalf 
of  Harlin  I would  like  to  know  what  position  is  best  to  assume. 
Am  wiring  Harlin  and  Howat.  Wire  answer. 

Signed:  John  Grecula, 

Monongahela  House.” 

The  above  telegram  was  forwarded  to  me  from  Springfield  to 
St.  Louis.  Immediately  upon  its  receipt  I wired  Grecula  as  follows : 

John  Grecula,  “St.  Louis,  Mo.,  Feb.  8,  1921. 

Monongahela  House, 

Pittsburgh,  Pa. 

I have  your  telegram  of  February  eighth  informing  me  that 
Halapy  and  followers  have  decided  to  start  movement  to  es- 
tablish independent  union  in  Pittsburgh  district.  I sincerely 
regret  that  this  is  true.  I ask  that  you  say  to  them  for  me  that 
I am  unalterably  opposed  to  such  a movement  and  that  I shall 
have  nothing  whatever  to  do  with  the  same.  In  the  future,  as 
in  the  past,  I shall  render  every  legitimate  assistance  possible 
to  clean  up  any  irregularities  that  may  be  working  injury  to 
our  union,  but  I shall  not  in  any  way  associate  myself  with  those 
who  attempt  to  establish  a dual  organization  among  the  mine 
workers.  Great  though  the  provocation  may  be  it  is  the  solemn 
duty  of  every  mine  worker  to  do  everything  in  his  power  to 
preserve  the  integrity  of  the  United  Mine  Workers  of  America. 
Consequently  it  is  the  duty  of  every  member  of  our  union  to 
confine  his  activities  within  the  laws  of  our  union  in  seeking 
an  adjustment  of  any  complaint,  no  matter  how  serious  it  may 
be.  Therefore  I most  earnestly  hope  that  Hqlapy  and  his  fol- 
lowers will  change  their  decision  and  conduct  themselves  in  a 
way  that  will  preserve  the  integrity  of  the  United  Mine  Workers 
of  America. 


Signed : Frank  Farrington.  ’ ’ 


43 


Later  "on  I received  the  letter  which  follows: 

‘ ‘ Monongahela  House,  Pittsburgh,  Pa., 
February  19,  1921. 

Mr.  Frank  Farrington, 

Springfield,  111. 

Dear  Sir  and  Brother: 

The  Policy  Committee  chosen  by  the  progressive  miners  of 
District  No.  5,  U.  M.  W.  of  A.,  to  see  that  the  Constitutipnal 
Law  of  our  Union  is  lived  up  to  instructs  the  undersigned  to 
inform  you  that  the  committee  never  had  any  intention  to  start 
a dual  movement  in  this  District  and  create  a split  in  the 
United  Mine  Workers  o^  America.  Nor,  have  they  any  intention 
of  doing  so  now.  Y7e  want  to  inform  you  that  any  charges  to 
the  contrary  are  false  and  malicious.  We  are  suffering  under 
grievous  wrongs.  Members  of  our  Union  were  denied  their  con- 
stitutional rights.  Our  ballot  was  corrupted  at  the  last  Biennial 
election  but  we  are  willing  and  desirous  to  have  these  wrongs 
redressed  through  the  courts  of  our  organization,  The  United 
Mine  Workers  of  America. 

Fraternally  yours, 

Signed : Michael  Halapy,  Chairman, 

Thomas  Myerscough,  Secretary.” 

I would  not  have  burdened  my  report  with  this  recital  but  the 
charge,  coming  from  such  a high  source,  that  your  President  en- 
couraged the  formation  of  a dual  movement  within  our  union  is  too 
’ serious  and  dastardly  to  allow  it  to  go  unchallenged.  With  the 
documentary  proof  before  you  I leave  you  to  judge  as  to  my  guilt. 

We  in  Illinois  did  not  furnish  all  the  money  that  went  into  the 
Pittsburgh  district.  Secretary  Green’s  records  show  that  during  the 
eleven  months  just  preceding  our  last  International  election  the 
International  Union  sent  a total  of  seventy-five  thousand  dollars 
($75,000.00)  to  the  officers  of  the  Pittsburgh  District,  the  last  install- 
ment of  this  amount  being  sent  there  on  December  10,  1920.  The 
election  was  held  on  December  14th  and  the  official  financial  report 
of  District  No.  5 shows  a balance  of  two  hundred  and  one  thousand 
six  hundred  and  forty-nine  dollars  and  thirty-six  cents  ($201,649.36) 
in  the  District  Treasury  on  October  1,  1920.  Of  course,  it  will  be 
claimed  that  this  money  was  used  to  finance  strikes  but  the  facts  do 
not  bear  out  that  claim.  You  must  form  your  own  conclusions  as  to 
why  the  money  was  sent  to  District  No.  5 at  a time  when  the  financial 
report  of  that  District  shows  that  they  had  ample  funds  in  the  Dis- 
trict Treasury  to  carry  on  the  work  of  the  District  Organization. 

Some  More  Politics  as  Played  by  our  International  Officers. 

An  excerpt  taken  from  President  Lewis’  report  to  the  last 
International  Convention,  as  his  report  related  to  the  Alabama 
strike,  reads  as  follows: 

‘‘While  the  Alabama  mine  workers,  with  their  backs  to  the 
wall,  were  desperately  resisting  the  onslaughts  of  the  minions  of 


44 


the  Alabama  coal  operators,  they  were  treacherously  knifed  in 
the  back  by  the  vicious,  false  propoganda  which  certain  schem-  ^ 
ing  politicians  in  our  own  organization  sent  into  the  state.  This, 
circumstance  formed  one  of  the  most  deplorable  incidents  of 
the  Alabama''  strike.  I refer  specifically  to  the  pusillanimous 
action  of  Candidate  Robert  H.  Harlin,  who  flooded  local  unions 
of  that  state  with  telegrams  sent  at  an  enormous  expense  from 
Seattle,  Washington,  and  containing  malicious  untruths.  I 
quote  the  following,  which  was  sent  to  the  Financial  Secretary 
of  Local  Union  No.  3270,  Brookside,  Alabama: 

'Seattle,  Washington,  Dec.  11, 1920. 

Oscar  Davis,  Brookside,  Alabama : 

The  following  telegram  from  President  Farrington,  Illinois 
should  be  given  publicity  in  interest  of  decency  and  a square 
deal  in  the  coming  miners  election:’ 

'Robert  H.  Harlin,  Seattle,  Washington: 

Lewis,  Murray  and  Green,  preceded  by  force  of  organizers 
who  are  billing  meetings  without  invitations  from  local  unions, 
are  addressing  meetings  in  Illinois.  Reliable  information  is  that 
their  meetings  are  failures.  They  are  resorting  to  falsehood  and 
deception  and  are  losing  what  few  supporters  they  had  in  this 
district.  International  Organizer  Wilson  spent  three  weeks  in 
Belleville  organizing  their  meetings,  also  nine  days  in  DuQnoin 
organizing  meetings.  Our  district  is  infested  with  International 
Organizers  drawing  ten  dollars  a day  and  expenses  from^  Inter- 
national Union,  while  striking  miners  of  West  Virginia  and 
Alabama  are  crying  for  bread  which  cannot  be  furnished  them 
because  the  International  Union  is  bankrupt.  It  is  a shame  that 
funds  of  our  Union  should  be  expended  with  such  reckless 
random  for  campaign  purposes,  while  they  who  are  fighting  for 
their  lives  to  establish  the  standard  of  the  United  Mine  Workers; 
in  non-union  fields  are  unable  to  secure  even  meager  support 
f-_’om  our  International  Union.  I suggest  that  you  transmit 
contents  of  the  telegram  to  workers  in  Alabama  and  elsewhere. 

Frank  Farrington,  President  Illinois  Miners. 

Signed:  Robert  H.  Harlin.”' 

'■'Aside  from  the  minor  falsehoods  contained  in  this  tele- 
gram, it  sets  forth  that  the  International  Union  could  not  furnish 
bread  to  the  crying  miners  of  West  Virginia  and  Alabama  be- 
cause the  funds  of  the  International  Union  had  been  dissipated 
in  an  irregular  way,  and  that  the  organization  was  bankrupt. 
Can  one  conceive  of  a more  atrocious  untruth  or  a more  prodig- 
ious falsehood  than  this  statement?  At  the  time  this  telegram 
was  sent,  the  International  Union  was  furnishing  $50,000  per 
week  to  the  Alabama  miners  for  food  alone,  besides  spending 
additional  thousands  for  clothing,  shelter,  physicians’  services, 
medicines  and  other  necessities.  This  support  was  continued 


45 


until  the  month  of  April  1,  1921,  which  is  indeed  an  astonishing 
action  for  a bankrupt  organization  such  as  is  described  in  the 
Harlin  telegram.  As  a matter  of  fact,  the  International  Union 
expended  approximately  $2,000,000  subsequent  to  the  date  of 
this  message. 

This  telegram  was  delivered  by  the  Western  Union  Tele- 
graph Company  to  scores  of  our  members  in  Alabama  and  was 
promptly  copied  and  distributed  by  the  coal  companies  to  dis- 
courage our  members  and  break  the  strike.  More  than  any- 
thing which  occurred  during  the  strike,  this  statement  operated 
to  cast  a pall  of  gloom  over  the  mining  camps  and  the  tent 
colonies,  because  it  led  our  people  to  believe  that  the  weekly 
payments  of  benefits  were  to  be  suspended.  Only  the  most 
prompt  and  vigorous  action  by  the  district  officers  and  represen- 
tatives of  the  International  Union  on  the  ground  was  able  to 
brush  away  these  fears  and  convince  our  members  of  the  false- 
hood of  the  statements.  Notwithstanding  that  we  were  able  to 
ultimately  restore  the  confidence  of  our  people,  this  telegram 
brought  joy  and  comfort  into  the  hearts  of  the  coal  operators 
of  the  state  who  were  so  relentlessly  opposing  us.  They  firmly 
believed,  and  so  publicly  stated,  that  our  International  Union 
could  no  longer  finance  the  strike  and  they  rallied  their  battered 
forces  and  reinforced  their  opposition  to  a greater  degree  than 
would  otherwise  have  been  possible.” 

The  above  hardly  squares  with  another  paragraph  of  President 
Lewis’  report  on  the  same  subject.  It  reads  as  follows: 

‘^In  the  month  of  December,  1920,  to  our  great  disappoint- 
ment, the  acute  industrial  depression  lessened  the  demand  for 
coal  and  a condition  was  created  materially  to  the  advantage  of 
the  Alabama  Coal  operators.  The  closing  of  industry  in  the 
South  released  thousands  of  men  who  became  available  as  mine 
recruits  and  strike  breakers  for  the  coal  operators.  Notwith- 
standing these  conditions,  which  gradually  became  worse,  the 
miners  stood  firm  and  waged  the  unequal  struggle  until  the 
month  of  February.  ’ ’ 

The  above  seems  to  contradict  the  statement  that  the  operators 
forces  were  ‘‘battered”  at  the  time  Harlin ’s  telegram  was  received 
in  Alabama  and  the  telegram  could  not  have,  cast  such  a “pall  of 
gloom  over  the  mining  camps  and  colonies”  because  Lewis  himself 
says  that  although  conditions  gradually  became  worse,  not  on  ac- 
count of  the  telegram,  but  on  account  of  the  “acute  industrial  de- 
pression” the  miners  stood  “firm”  and  waged  the  unequal  struggle 
until  the  month  of  February.  His  statement  that  “the  telegram  was 
delivered  to  scores  of  our  members  in  Alabama  and  was  promptly 
copied  and  distributed  by  the  coal  companies  to  discourage  our 
members  and  break  the  strike,”  hardly  seems  true.  Are  we  to 
believe  that  our  members  turned  the  telegram  over  to  the  coal  com- 
panies? I have  letters  from  Alabama  in  my  possession  showing  that 


46 


the  telegram  was  not  given  the  wide  publicity  claimed  by  Lewis  and 
proving  that  his  statement  as  to  the  publicity  given  it  is  no  more  than 
a lot  of  piffle  and  I personally  know  that  his  statement  that  Harlin 
‘‘flooded  the  local  unions  in  Alabama  with  telegrams  sent  at  an 
enormous  expense^’  is  a gross  exaggeration  of  the  truth. 

As  a matter  of  fact  there  were  more  men  employed  in  the  mines 
in  the  strike  zone  and  the  mines  were  getting  out  more  coal  than 
when  the  strike  was  called  and  men  were  being  discharged  because 
they  were  not  needed  and  mines  were  laying  idle,  not  on  account  of 
the  strike,  but  for  the  want  of  orders  and  the  strike  was  completely 
and  hopelessly  lost  long  before  Harlin ’s  telegram  was  sent  into 
Alabama.  During  the  following  February,  the  officers,  with  child 
like  innocence  and  faith,  turned  the  settlement  of  the  strike  over  to 
Governor  Kilby,  the  Commander  in  Chief  of  the  military  forces  that 
had  been  used  to  crush  and  defeat  the  strikers  and  agreed  to  abide 
by  whatever  decision  he  might  make  and  as  might  be  expected 
he  denied  every  contention  made  by  the  mine  workers. 

If  these  assertions  are  doubted,  I suggest  that  this  convention 
select  a committee  from  among  the  delegation  to  make  a complete 
investigation  to  determine  the  truth. 

I have  no  word  of  condemnation  for  the  Alabama  miners  but  I 
hate  the  pomp  and  sham  of  men  who  play  with  the  fate  of  other  men 
so  that  their  game  of  dirty  politics  may  go  on. 

I make  no  denial  of  having  sent  the  telegram  to  Harlin  and  I 
stand  by  its  contents  with  but  one  exception.  Where  the  name 
Green  appears,  the  name  should  have  been  Smith,  my  opponent  in 
the  last  District  election.  This  error  occurred  in  the  transmission  of 
the  telegram.  The  telegram  as  originally  drawn  shows  the  name  of 
“Smith.”  Otherwise  the  contents  of  the  telegram  are  true. 

The  Illinois  miners  know  that  Lewis  brought  Paul  J.  Smith  out 
as  an  opponent  to  the  President  of  District  No.  12  in  the  last  election. 
They  know  that  Lewis  and  Murray  and  Smith  and  a gang  of  organ- 
izers did  canvass  the  locals  in  Illinois  as  stated  in  the  telegram  and 
if  they  donT  know  that  the  International  Union  was  bankrupt  at 
that  time  I refer  them  to  page  9 of  Secretary  Green’s  report  to  the 
last  International  Convention.  And  they  know  that  Murray  issued 
a circular  attack  on  the  President  of  District  No.  12  long  before 
the  President  of  District  No.  12  sent  the  telegram  to  Harlin  and  they 
know  that  Lewis  and  many  other  International  officers  and  organ- 
izers have  not  hesitated  at  anything  to  bring  discredit  to  the  Presi- 
dent of  District  No.  12  and  being  good  sports  they  know  that  men 
who  devote  their  time,  almost  exclusively,  to  playing  politics  should 
not  squawk  when  the  other  fellow  retaliates. 

Now  then  as  to  the  harm  done  the  Alabama  miners  by  the  tele- 
gram. I wonder  if  it  did  them  more  harm  than  was  done  to  the 
mine  workers  of  the  country  by  the  copyrighted  article  that  was 
written  by  one  K.  C.  Adams,  President  of  the  Great  Lakes  Coal  and 
Coke  Corporation,  with  coal  properties  at  Lory,  West  Virginia,  and 


47 


President  of  the  White-Adams  Coal  Selling  Agency  at  Indianapolis, 
and  who  for  six  years  was  publicity  agent  for  the  United  Mine 
Workers  of  America  and  who  is  Editor  of  the  “American  Coal 
Miner and  who  by  order  of  President  Lewis  drew  eight  hundred 
and  thirty-nine  dollars  ($839.00)  from  the  International  Union  for 
publicity  purposes  during  the  Cleveland  Convention  two  years  ago 
and  who  prepared  the  reports  that  many  of  the  delegates  to  the 
Cleveland  Convention  took  back  to  their  local  unions,  and  which 
copyrighted  article  was  written  for  release  for  publication  on  Octo- 
ber 19th,  just  previous  to  November  1st,  when  by  order  of  the  Cleve- 
land Convention,  a strike  of  all  the  bituminous  mine  workers  in  the 
country  was  to  take  place.  In  that  article  it  was  stated  that  the 
wage  demands  of  the  Cleveland  Convention  were  the  outgrowth  of 
politics ; that  Lewis  was  not  in  sympathy  with  the  strike ; that  his 
wage  scale  recommendations  were  made  only  to  outplay  the  radicals ; 
that  the  miners  were  already  enjoying  the  greatest  freedom  in  their 
employment  of  any  class  of  labor  in  America  and  that  there  really 
was  no  reason  for  the  strike  that  was  to  take  place  on  November 
1st,  but  there  had  to  be  a strike  to  tame  the  radicals. 

This  article  was  published  in  the  press  of  the  country  from  the 
Atlantic  to  the  Pacific  and  many  of  the  popular  magazines  and  it 
was  published  in  the  Pittsburgh  papers  as  a paid  advertisement  and 
paid  for  by  the  Pittsburgh  coal  operators.  This  article  undoubtedly 
did  more  to  deceive  the  people  of  the  country  and  to  mould  public 
and  governmental  sentiment  against  the  miners  than  anything  else 
that  could  be  done,  yet  when  the  matter  was  officially  brought  to  the 
attention  of  President  Lewis  under  date  of  October  18,  1919,  by  the 
Executive  Board  of  District  No.  12  and  he  was  asked  to  issue  a 
public  denial  and  repudiation  of  the  article,  he  informed  us  under 
date  of  October  22,  1919  that  he  knew  of  nothing  that  could  be  done 
about  the  matter,  and  nothing  was  done.  No  public  statement  was 
issued  to  overcome  the  falsehoods  told  in  the  article,  although  Presi- 
dent Lewis  had  the  means  at  hand  to  do  so.  No  public  repudiation 
of  Adams  was  made.  Not  even  a single  word  was  printed  in  our 
official  Journal  in  contradiction  of  the  falsehoods  and  no  effort  was 
made  to  get  the  truth  to  the  people  of  the  country,  but  instead  the 
mine  workers  were  allowed  to  go  into  the  strike  of  November  1st 
with  a hostile  public  sentiment  wrongfully  and  treacherously 
moulded  against  them  and  our  President  remained  silent. 

Was  my  action  in  sending  Harlin  the  telegram  and  his  action  in 
transmitting  it  to  a few  men  in  Alabama  more  “pusillanimous”  or 
“treacherous”  than  was  the  inaction  of  Lewis  when  he  remained 
silent  and  allowed  all  the  bituminous  coal  miners  in  the  country  to 
be  “treacherously  knifed  in  the  back  by  the  vicious,  false  propa- 
ganda” of  Coal  Operator  Adams?  I leave  you  to  judge. 

Moreover,  was  it  more  “ pussillanimous ” or  “treacherous”  than 
was  the  action  of  Lewis  when  he,  through  the  public  press,  on 
numerous  occasions,  bambastically  attacked  and  ridiculed  and  be- 
littled the  President  of  District  No.  12  and  threatened  to  strike  all 
the  mine  workers  in  the  country  if  the  Illinois  operators  conceded 


48 


any  modifications  in  the  Illinois  wage  agreement  and  when  he  did 
everything  in  his  power  to  prevent  our  success,  at  the  time  the 
President  of  District  No.  12  and  his  associate  officers  organized  the 
movement  that  finally  resulted  in  the  shift  hands,  not  alone  in 
Illinois,  but  all  over  the  country,  getting  an  increase  of  one  dollar 
and  fifty  cents  ($1.50)  per  day,  beginning  August  16th,  1920  and 
when  during  the  midst  of  our  efforts  to  secure  this  increase  he  wired 
me  on  July  31,  1920  as  follows: 

“I  expect  you  to  cooperate  with  me  in  t’emoving  from  the 
proud  record  our  organization  has  made  the  stain  of  dishonor 
placed  upon  it  and  to  put  an  end  to  the  illegal  strike  in  Dis- 
trict No.  12.” 

And  when  he  later  took  unto  himself  the  credit  for  securing  the 
increase,  although  it  was  secured,  not  by  him  but  in  spite  of  him? 
Again  I leave  you  to  judge. 

It  is  with  extreme  repugnance  that  I burden  my  report  with 
such  things,  but  when  one  is  attacked  by  those  who  devote  them- 
selves to  the  game  of  politics  and  whose  only  motive  is  to  discredit 
and  destroy,  one  has  no  choice  but  to  protect  one ’s  self  against  their 
attack. 

$100,000  Given  to  Kansas  Miners. 

Acting  by  authority  of  a referendum  vote  of  our  membership, 
your  district  officers  donated  one  hundred  thousand  dollars  ($100,- 
000)  out  of  our  District  Treasury  to  the  mine  workers  of  Kansas  to 
aid  them  in  their  fight  to  overcome  the  obnoxious  Industrial  Court 
Act.  Ever  since  this  was  done  agents  of  our  International  Union, 
President  Lewis  included,  have  tried,  with  their  usual  aptitude  for 
playing  cheap  and  dirty  politics,  to  discredit  Alexander  Howat  and 
the  officers  of  District  No.  12  in  the  minds  of  the  membership  by 
constantly  attempting  to  deceive  them  by  making  dirty  insinuations 
that  this  money  was  being  improperly  expended.  The  latest  of 
these  dirty  insinuations  was  made  by  President  Lewis  during  our 
last  International  Convention.  No  matter  how  serious  or  vital  the 
issue  confronting  our  Union,  even  though  its  very  life  may  be  at 
stake,  these  men  do  not  seem  to  be  able  to  see  anything  in  the  issue 
but  their  own  political  interest  and  if  in  their  judgment  their  politi- 
cal interest  requires  that  they  discredit  those  who  are  fighting  the 
vital  issue  they  do  not  hesitate  to  set  the  machinery  in  motion  to  ac- 
complish that  end,  therefore  the  insinuations  that  ‘‘Howat  used  this 
money  to  further  his  candidacy  in  the  last  election”  and  the  in- 
sinuation that  “the  Illinois  miners  would  not  be  content  if  they  knew 
how  the  money  was  being  expended”  and  many  other  insinuations, 
dirty  in  nature  and  false  in  character  were  dropped  from  time  to 
time  in  this  place  and  that  to  create  the  suspicion  that  this  money 
was  not  used  in  the  way  the  Illinois  miners  intended  it  to  be  used. 
So  as  to  give  the  lie  to  these  malicious  insinuations  I directed 
Auditors  Schaefer  and  Martin  to  proceed  to  Pittsburg,  Kansas  and 


49 


audit  the  accounts  of  District  No.  14,  as  they  related  to  the  $100,000 
mentioned.  Their  audit  was  made  under  date  of  October  14,  1921 
and  is  as  follows : 

“Pittsburg,  Kansas,  October  14,  1921. 

Mr.  Frank  Farrington,  President, 

District  12,  U.  M.  W.  of  A., 

Springfield,  HI. 

Dear  Sir  and  Bro. : 

As  per  your  instructions,  we  the  undersigned  auditors  of 
Districts  12  and  14,  proceeded  to  check  up  the  Accounts  of 
Thos.  Harvey,  Secretary-Treasurer  of  District  14  with  reference 
to  the  One  Hundred  Thousand  Dollars  donated  to  President 
Howat  and  the  Kansas  Miners  by  the  Illinois  Miners  for  the 
' purpose  of  assisting  them  in  their  fight  against  the  ^Industrial 
Court  Law  of  Kansas. 

Notwithstanding  the  charges  and  rumors  that  this  money 
was  being  spent  illegitimately  by  President  Howat,  and  the 
Kansas  Miners,  we  failed  to  find  any  justification  for  such 
charges  other  than  to  try  and  discredit  President  Howat  and  the 
Kansas  Miners  in  their  determined  fight  against  this  Un-ameri- 
can  Law. 

Under  the  caption  Attorneys’  Fees  and  Legal  Matters  we 
find  that  this  expense  was  legally  confined  to  the  defense  of 
Howat,  Dorchey  and  others  against  this  Industrial  Court  Law. 

Under  the  caption  of  Protest  demonstration,  we  find  that 
during  the  trials  of  Howat  and  Dorchey  and  the  day  of  their  in- 
carceration in  jail,  street  cars  were  chartered  and  the  trans- 
portation of  those  willing  to  take  part  in  the  protest  were  paid. 
It  is  estimated  that  on  the  day  of  their  incarceration  there  were 
approximately  five  thousand  mine  workers  gathered  at  the 
Court  House  in  Columbus,  Kansas  to  hear  President  Howat ’s 
parting  words  and  his  bitter  denunciation  of  the  Industrial 
Court  Law. 

Eelative  to  the  Publicity  and  protest  campaign  we  find  that 
Twenty  Thousand  Dollars  was  advanced  and  loaned  to  a paper 
to  be  established  and  known  as  the  Golden  Eule  Messenger  for 
the  purpose  of  placing  the  facts  and  developments  of  this  law 
into  the  homes  of  every  miner,  farmer  and  Laboring  man  in 
Kansas,  with  a view  of  repealing  the  said  law  at  the  next  elec- 
tion. Seven  men  were  also  put  in  the  field  for  several  weeks 
during  the  last  election  of  state  authorities  to  campaign  against 
this  law. 


50 


DISBURSEMENTS. 

Attorney  Fees  and  Legal  Matters,  Howat  Contempt  Case. 
Date. 

Nov.  3,  1920 — H.  C.  Doyle,  attorney  fees $ 4,500.00 

Nov.  3,  1920 — Redmon  S.  Brennan,  attorney  fees 5,000.00 

April  7,  1921 — Redmon  S.  Brennan,  attorney  fees 2,500.00 

April  7,  1921 — L.  L.  McCormick,  attorney  fees 1,500.00 

May  5,  1921 — Shepherd,  McNeill  & Stephens 2,500.00 

May  7,  1921 — Shepherd  & Shepherd 2,500.00 

April  14,  1921 — Printing  briefs,  court  and  litigation  expense 492.70 

June  18,  1921 — Printing  and  expense 1,342.50 

June  29,  1921 — R.  S.  Brennan  & McCormick,  attorney  fees........  5,000.00 

July  9,  1921 — Shepherd  & Shepherd,  McNeUl  & Stephens,  at- 
torney fees  ..?. 5,000.00 

July  9,  1921 — Cale  R.  Jones,  stenographic  work 243.00 

July  16,  1921— J.  P.  R.  R.  Co.,  fares  to  Columbus  at  trial  of 

Howat  and  Dorchey 357.53 , 

June  19,  1920 — John  B.  Fayne,  attorney  fees 50.00 

July  19,  1920 — John  B.  Fayne,  attorney  fees 50.0^ 

Aug.  19,  1920 — John  B.  Fayne,  attorney  fees 30.00 

Sept.  1920 — Byron  Coon  200.00 

Mar.  4,  1921 — ^Witness  fees  for  Mackies 6.20 

Mar.  19,  1921 — Louis  Winters,  stenographic  work.... 8.00 

Mar.  19,  1921 — Fred  Simpkins,  transcript.. 5.00 

Mar.  19,  1921 — L.  Winters,  transcript 35.00 

April  1921 — Printing  in  connection  with  trial  in  injunction 

suit  15.00 

May  1921 — Transcript  in  Patton  case 27.00 

July  Printing  in  connection  with  contempt  case 15.00 

Cost  in  Supreme  Court  of  Kansas  to  U.  S.  Su- 
preme Court,  Howat  case 7.00 

July  1920 — Workers  Chronicle,  printing  abstract  record  in 

Howat  case 55.00 

U.  S.  Post  Card  injunction  suit 2.00 

Special  stenographic  copying  record 4.00 

Feb.  23,  1921 — Carl  Mishmash,  transportation  and  expense  to 
draw  pay  from  coal  co.,  instead  of  Industrial 

Court 39.77 

Sept  11,  1920 — F.  C.  Werner,  premium  on  bond,  appeal  in  con- 
tempt case  to  U.  S.  Court 200.00 

Oct.  14,  1920 — U.  S.  Supreme  Court,  part  payment  cost  of  ap- 
peal case  Howat  and  others 25.00 

Mar.  3,  1921 — U.  S.  Fidelity  & Guarantee  Co.,  premium  on 

bonds,  Howat  case  123.00 

Mar.  20,  1921 — L.  Winters,  transcript 42.00 

Sept.  7,  1921 — Fred  Simpkins,  court  stenographer.. 173.40 


$32,048.10 

PROTEST  DEMONSTRATIONS. 

July*  2,  1921— Joplin-Pittsburg  R.  R.  Co.,  fares  to  Columbus, 

Kan.,  Howat  trial $ 875.13 

Sept.  30,  1921 — Joplin-Pittsburg  R.  R.  Co.,  fares  to  Colum- 
bus, escorting  Howat  to  jail 1,291.10 

Sept.  30,  1921— Girl  Band,  meals  at  Columbus 13.00 


Total  - $ 2,179.23 


51 


PUBLICITY  AND  PBOTEST  CAMPAIGN. 
Jan.  21,  1921 — Oklahoma  Leader,  publicity  campaign  against 


Industrial  Court  Law $ 1,000.00 

July  28,  1921 — ^Oklahoma  Leader  100.00 

July  23,  1921 — Loan  to  establish  paper  known  as  Golden  Rule 

Messenger  20,000.00 

Mar.  7,  1921 — ^Workers  Chronicle,  printing 48.50 

April  29,  1921 — ^Workers  Chronicle,  printing 7.50 

May  6,  1921 — Workers  Chronicle,  printing 9.00 

May  14,  1921 — Workers  Chronicle,  printing 5.00 

June  14,  1921 — ^Workers  Chronicle,  printing 21.50 

June  21,  1921 — ^Workers  Chronicle,  printing 6.00 

Sept.  9,  1921 — Workers  Chronicle,  printing 21.00 

Campaign  Expenses  Against  Industrial  Court  Law: 

Oct.  1920 — Ed.  Jackson 113.80 

A.  T.  Vanhook 300.52 

Thos.  Cunningham  368.43 

Al.  Foreman  310.00 

George  Reid 289.54 

James  Dorcey  9.50 

A.  E.  Tindrell 12.00 


Total  $22,622.29 


RECAPITULATION. 

Amount  received  from  District  12,  for  the  purpose  of  assisting 
Howat  and  the  Kansas  Miners  in  their  fight  against  the 


Industrial  Court  Law $100,000.00 

Amount  Disbursed — 

Attorney  Fees  and  Legal  Matters $32,048.10 

Protest  Demonstration  •. 2,179.23 

Publicity  and  Protest  Campaign 22,622.29 

66,849.62 


Balance  on  Hand $ 43,150.38 


Inasmuch  that  these  accounts  were  included  in  the  General 
Fund  of  Dist.  14,  we  herewith  advise  that  a separate  fund  be 
kept  in  the  future  and  that  all  disbursements  intended  for  same 
to  be  charged  against  said  fund. 

Yours  respectfully, 

John  R.  Schaefer, 

Enoch  Martin, 

Auditors  Dist.  12,  Illinois. 
Robert  B.  Foster, 

James  Mariotte, 

Julius  La  Forte, 

Auditors  Dist.  14,  Kansas.  ’ ’ 

The  above  audit  gives  the  lie  to  the  slander  mongers,  who  in- 
stead of  fighting  with  Howat  against  the  Industrial  Court  Act,  as 
honest  men  would  do,  have  tried  to  discredit  him  when,  he  was  mak-' 
ing  the  fight  against  one  of  the  most  injurious  measures  ever  enacted 
against  the  workers  of  any  state  in  America. 

I particularly  direct  your  attention  to  the  fact  that  the  above 
audit  shows  that  less  than  twelve  thousand  dollars  ($12,000)  of  the 


« OP  at  UR 


52 


money  was  expended  previous  to  our  International  election,  which 
was  held  on  December  14,  1920  and  that  virtually  all  of  that  amount 
was  paid  out  for  attorney  fees,  which  proves  that  the  stories  that 
Howat  used  your  money  to  further  his  candidacy  in  the  last  miners 
election  are  no  more  than  empty  lies. 

The  Kansas  Trouble. 

A condition  has  developed  in  District  No.  14  that  may  be 
properly  regarded  as  being  the  most  serious  internal  disturbance 
that  has  occurred  during  the  life  of  our  Union. 

Alexander  Howat  is  in  jail.  The  charter  of  District  No.  14  has 
been  suspended  and  the  integrity  of  the  United  Mine  Workers  of 
America  is  imperiled. 

When  the  integrity  of  our  Union  is  in  jeopardy  we  are  con- 
cerned, and  the  trouble  in  Kansas  is,  therefore,  our  concern.  Con- 
sequently I recommend  that  this  Convention  shall  at  some  time 
during  its  sessions  suspend  the  rules  and  devote  time  to  the  con- 
sideration of  the  trouble  in  Kansas. 

Alexander  Howat  is  imprisoned  in  the  county  jail  at  Columbus, 
Kansas,  in  the  custody  of  Sheriff  Harvey,  brother  of  Thomas  Harvey, 
appointed  by  President  Lewis  to  act  as  Secretary-Treasurer  of  a 
“provisional  district  organization”  in  Kansas.  On  October  12th, 
Vice-President  Fish  wick  and  Secretary  Nesbit  visited  Brother  Howat 
and  found  him  confined  in  a six  by  eight  steel  cell  or  cage,  the  cross 
bars  on  the  door  of  which  are  so  closely  knitted  together  that  only 
two  fingers  of  the  hand  can  be  passed  through  the  open  squares  in 
the  door.  He  is  not  even  given  access  to  the  corridors  for  exercise, 
a privilege  often  accorded  the  most  vicious  criminals  and  always  ac- 
corded a trusty.  He  is  allowed  to  have  visitors  only  on  Wednesday 
of  each  week,  and  so  it  is  with  Vice-President  Dorchey  and  their  only 
crime  is  that  they  refused  to  sign  a bond  not  to  call  any  more  strikes 
in  Kansas.  They  could  have  saved  themselves  had  they  agreed  to 
commit  the  Kansas  miners  to  virtual  slavery. 

President  Howat  asked  Fishwick  and  Nesbit  to  convey  to  the 
Illinois  miners  his  profound  appreciation  of  the  moral  and  financial 
help  and  the  sympathetic  encouragement  they  have  given  him  and 
to  say  to  them  that  he  intends  to  fight  to  the  bitter  end,  let  the  end 
take  him  where  it  will. 

As  evidence  of  the  sentiment  of  the  Kansas  miners  I quote  one 
of  many  resolutions  adopted  by  them.  It  reads  as  follows : 

“Franklin,  Kansas,  October  2,  1921. 

To  all  Local  Unions  of  District  No.  12, 

United  Mine  Workers  of  America. 

Dear  Sirs  and  Brothers : 

The  miners  of  Kansas,  in  mass  meeting  assembled,  in  Frank- 
lin, Kansas,  on  October  2,  1921,  authorize  us  to  convey  to  the 

miners  of  Illinois  the  respect  and  esteem  in  which  the  miners  of 

Kansas  hold  the  miners  of  Illinois. 


53 


We  find  it  impossible  to  adequately  express  our  apprecia- 
tion for  the  help  and  assistance  the  Illinois  miners  have  rendered 
us  in  our  fight  with  the  Kansas  Industrial  Court  Law,  and  a 
coterie  of  unscrupulous  political  jackals  who  are  using  all  the 
powers  of  the  state  to  throttle  the  coal  miners  of  Kansas. 

The  Kansas  miners  look  upon  the  Illinois  miners  as  their 
big  brother,  in  whom  we  have  every  confidence,  and  who  we 
believe  will  go  shoulder  to  shoulder  in  this  fight  which  means 
life  or  death  to  every  honest  union  man  in  the  Mine  Workers 
organization. 

Let  us  say  to  the  mine  workers  of  Illinois  that  we  are  in  this 
fight  to  win,  and  if  at  any  time  we  are  compelled  to  surrender, 
it  will  be  when  the  last  union  man  in  Kansas  is  counted  out. 

Yours  for  justice, 

Chas.  Rumetsch, 

Englebert  Van  Huyck, 
John  Fleming,  Jr., 

S.  T.  Wakefield, 

Committee.” 

Under  date  of  October  12th  and  without  any  previous  warning 
and  without  having  officially  notified  the  officers  of  District  No.  14 
of  the  action  of  the  International  Convention  and  while  Alexander 
Howat  was  in  jail  and  without  making  any  conciliatory  effort  to  in- 
fiuence  the  men  to  return  to  work,  who  were  idle,  not  on  account 
of  any  action  of  the  International  Convention  as  stated,  but  because 
their  chief  had  been  sent  to  prison.  President  Lewis  wired  John 
Fleming,  acting  President  of  District  No.  14  as  follows : 

"‘‘As  President  of  United  Mine  Workers  of  America  I am 
compelled  to  take  official  cognizance  of  the  present  extraordi- 
nary situation  existing  in  District  fourteen.  The  laws  of  the 
United  Mine  Workers  of  America  are  being  flagrantly  disre- 
garded and  the  ruling  of  an  international  convention  is  being 
deliberatly  flaunted.  The  joint  agreement  betvfeen  miners  and 
operators  in  the  state  of  Kansas  has  been  trampled  upon  by 
individuals  who  seemingly  have  no  respect  for  the  honor  of  their 
organization  or  the  principals  of  fair  dealing  among  men.  There- 
fore, in  view  of  these  facts  and  with  a desire  to  protect  the 
future  of  our  organization  and  promote  the  welfare  of  its  mem- 
bership I am  hereby  officially  advising  you  that  the  autonomy 
of  District  fourteen  stands  suspended,  effective  this  date,  all 
offices  in  District  fourteen  are  by  this  order  declared  vacant 
and  individuals  heretofore  filling  these  positions  can  no  longer 
officially  represent  or  speak  for  District  fourteen.  United  Mine 
Workers  of  America.  In  order  that  the  business  of  our  or- 
ganization in  Kansas  may  be  properly  transacted  and  the 
interests  of  our  members  protected  this  office  has  designated 
Mr.  George  L.  Peck,  heretofore  member  of  International  Exe- 
cutive Board,  as  its  chief  representative  in  District  fourteen  wff^ 
all  authority  of  acting  President  of  a provisional  district  under 


54 


control  of  International  Union.  Mr.  Thomas  Harvey,  hereto- 
fore Secretary-Treasurer  of  District  fourteen,  is  in  similar 
manner  designated  as  Financial  representative  of  International 
Union  empowered  to  exercise  functions  of  acting  Secretary- 
Treasurer  of  provisional  district  organization  operating  under 
control  of  International  Union,  these  officers  thus  created  acting 
by  and  with  consent  of  International  Union  shall  assume  charge 
of  affairs  of  mine  workers  of  provisional  district  fourteen  and 
shall  with  full  authority  perform  such^acts  as  may  be  necessary 
for  the  transaction  of  business  of  the  district  within  the  perview 
of  the  constitution  of  United  Mine  Workers  of  America  and  in 
harmony  with  our  honorable  obligations  under  Joint  Agree- 
ment. All  loyal  members  of  the  United  Mine  Workers  of 
America  in  the  state  of  Kansas  will  be  governed  accordingly. 

Signed : J ohn  L.  Lewis.  ’ ’ 

At  the  same  time  President  Lewis  wired  Mr.  W.  L.  A.  J ohnson. 
General  Commissioner  of  the  Southwestern  Interstate  Coal  Opera- 
tors Association,  as  follows : 

“Washington,  D.  C.,  Oct.  12,  1921. 

Mr.  W.  L.  A.  Johnson,  General  Commissioner, 

Southwestern  Interstate  Coal  Operators  Assn., 

Keith  and  Perry  Bldg.,  Kansas  City,  Mo.. 

You  are  hereby  officially  advised  that  acting  with  authority 
of  International  Organization,  I have  today  suspended  autonomy 
of  District  fourteen,  LTnited  Mine  Workers  of  America.  All 
offices  of  said  district  are  by  this  action  declared  vacant  and 
individuals  previously  holding  such  offices  are  no  longer 
qualified  to  speak  with  any  authority  or  transact  any  business 
of  United  Mine  Workers  of  America.  This  office  has  designated 
Mr.  Geo.  L.  Peck  as  chief  representative  of  International  Union 
in  the  Provisional  District  Fourteen  functioning  under  Inter- 
national authority ; Thomas  Harvey  has  been  designated  as  chief 
financial  representative  to  perform  duties  of  Secretary-Treas- 
urer of  provisional  district  under  similar  authority.  Inter- 
national Union  will  assume  the  obligations  of  joint  agreement 
between  miners  and  operators  in  District  fourteen  and  your 
association  is  officially  advised  that  it  can  deal  with  the  repre- 
sentatives herein  designated  on  all  questions.  International 
Union  intends  to  liquidate  its  responsibilities  under  Kansas 
agreement  in  fullest  possible  way  and  will  appreciate  coopera- 
tion of  Southwestern  Interstate  Coal  Operators’  Association  in 
the  premises.  Will  apprise  you  of  any  further  details  in  con- 
nection with  this  matter  at  later  date. 

Signed:  John  L.  Lewis.” 


55 


Mr.  W.  L.  A.  J ohnson  wired  President  Lewis  as  follows : 

‘‘Mr.  John  L.  Lewis,  Pres., 

United  Mine  Workers  of  America, 

Ealeigh  Hotel,  Washington,  D.  C. 

Your  wire  yesterday  received  referring  suspension  officers 
District  fourteen.  Association  appreciates  and  considers  action 
opportune  and  justified  and  assures  you  of  fullest  possible  co- 
operation in  all  matters  affecting  operation  of  Joint  Agree- 
ment. 

Signed:  W.  L.  A.  Johnson.” 

The  last  two  quoted  telegrams  would  indicate  a close  coopera- 
tion between  President  Lewis  and  Mr.  Johnson  and  the  telegram  of 
Mr.  Johnson  shows  that  “the  operators  appreciate”  President  Lewis’ 
action  in  suspending  the  officers  _of  District  No.  14  and  that  they 
“consider  the  action  opportune  and  justified.” 

This  action  is  without  warrant  under  our  law  and  without  pre- 
cedent in  our  Union  and  can  only  be  regarded  as  the  act  of  a mad- 
man, insane  with  obsession  and  arrogance  of  the  nature  that  actuated 
the  Kaiser  when  he  plunged  the  nations  of  the  world  into  world 
wide  war. 

No  where  in  our  law  is  the  President  of  our  union  vested  with 
the  power  or  authority  to  suspend  the  autonomy  of  active  district 
organizations  and  to  create  “provisional  districts”  in  their  stead 
and  to  appoint  “provisional  officers”  to  preside  over  the  same  and 
if  President  Lewis  is  to  be  allowed  to  do  this  at  will  the  autonomy, 
aye,  the  integrity  of  no  district  will  he  safe  from  day  to  day  against 
the  inconstancy  and  passion  of  his  rule  and  if  the  membership 
tolerate  a practice  of  this  kind  it  is  inevitable  that  the  United  Mine 
Workers  of  America  will  be  overcome  and  perish  of  internal  dissen- 
sion. 

To  Clear  up  Some  Untruths. 

During  our  International  Convention,  President  Lewis  told  the 
convention  that  Alexander  Howat  had  never  asked  for  the  coopera- 
tion of  the  International  Union  in  his  fight  against  the  Industrial 
Court  Act.  His  exact  statement  to  the  convention  was  as  follows: 
‘ ‘ It  was  said  this  morning  that  President  Howat  of  District  fourteen 
had  appealed  in  vain  to  the  International  Union  for  cooperation  or 
assistance,  that  is  not  a fact,  since  the  enactment  of  the  law  the 
officers  of  district  fourteen  have  not  requested  cooperation,  have  not 
requested  any  assistance  moral  or  financial  but  have  repulsed  every 
effort  of  the  International  Union  to  cooperate  toward  the  repeal  of 
that  law  or  have  it  declared  unconstitutional  by  the  higher  coqxto.  ” 
As  indisputable  proof  that  the  truth  was  not  stated  to  the  conven- 
tion, by  President  Lewis,  I quote  a letter  written  by  Alexander 
Howat  to  President  Lewis.  It  reads  as  follows : 


56 


'‘Pittsburg,  Kan.,  March  4,  1920. 

Mr.  John  L.  Lewis, 

International  President  U.  M.  W.  of  A., 

1106  Merchants  Bank  Bldg., 

Indianapolis,  Ind. 

Dear  Sir  and  Brother : 

I suppose  you  know  before  ^this  time  that  Gov.  Allen  of 
Kansas  was  successful  at  the  special  session  of  the  Legislature, 
in  having  a law  passed  that  is  known  as  the  Kansas  Court  of 
Industrial  Relations.  This  law  is  intended  to  enslave  the  work- 
ing class  of  this  state  and  to  destroy  organized  labor  in  Kansas. 

This  law  is  an  insult  to  every  honest  working  man  who  be- 
lieves in  the  principles  of  liberty  and  justice,  and  is  a disgrace 
to  the  state  of  Kansas.  It  is  intended  to  place  us  at  the  complete 
mercy  of  the  employers  of  labor  and  to  put  us  where  we  were 
years  ago  before  we  had  an  organization  here. 

There  is  no  law  even  in  the  most  autocratic  country  of 
Europe  today  that  destroys  the  usefullness  and  effectiveness  of 
organized  labor  and  places  them  more  completely  at  the  mercy 
of  the  employers  than  does  the  law  we  have  in  Kansas  at  this 
time.  This  law  provides  one  year  in  prison  and  $500  fine  on 
any  of  the  men  who  may  go  on  a local  strike,  that  is,  where  they 
go  on  strike  of  their  ov/n  accord  without  being  called  out  by  the 
executive  board.  It  also  provides  a penalty  of  two  years  in  the 
penitentiary  and  a fine  of  $5000  on  -any  district  official  of  the 
organization  who  may  call  a strike. 

Gov.  Allen  was  not  satisfied  with  passing  a law  for  com- 
pulsory arbitration,  but  he  had  this  penalty  attached  that  I have 
just  called  to  your  attention,  and  not  satisfied  with  that,  he  had 
a provision  written  into  this  law  which  provides  also  that  he  is 
to  appoint  the  three  arbitrators.  When  the  Kansas  Legislature 
passed  a law  of  this  character,  they  struck  a blow  at  the  rights 
of  every  union  man  in  the  state,  both  as  an  organized  workman 
and  as  an  American  citizen. 

The  recent  general  strike  of  the  U.  M.  W.  of  A.  created  a 
very  bitter  sentiment  against  the  miners  in  Kansas  and  against 
organized  labor  in  general,  and  it  was  as  a result  of  the  miners 
general  strike,  which  caused  a few  of  the  people  in  Kansas  to 
suffer  because  of  their  inability  to  obtain  coal,  that  caused  this 
law  to  be  passed  at  the  special  session  of  the  Kansas  Legislature. 

We  intend  to  fight  this  law  to  a finish.  We  do  not  propose 
to  go  back  to  the  days  of  slavery.  We  expect  in  Kansas  to 
continue  to  be  free  men — we  expect  to  be  accorded  the  same 
degree  of  liberty  and  freedom  in  Kansas  as  the  mine  workers 
iL'^he  other  states  in  the  nation. 

At  the  time  we  were  striking  in  Kansas  from  1899  until  1903 
to  compel  the  operators  to  recognize  our  union,  we  were  also 
fighting  then  to  be  free  men.  Gov.  Allen  proposes  now  after  all 


57 


these  years  to  put  us  back  in  the  same  condition  that  existed 
before  we  had  an  organization. 

Our  convention  meets  in  Kansas  City,  Mo.,  on  the  8th  day 
of  March,  and  I am  inclined  to  believe  at  that  time  that  our 
convention  will  go  on  record  to  continue  to  fight  as  we  have  in 
the  past,  regardless  of  this  so-called  law.  Sentiment  against 
this  law  in  Kansas  today  is  very  bitter,  more  especially  among 
the  mine  workers,  because  they  realize  only  too  well  what  it 
means.  In  my  report  to  the  convention  I am  advising  that  we 
refuse  to  surrender  any  of  the  rights  and  privileges  that  we 
have  enjoyed  in  the  past,  and  I am  quite  sure  our  convention 
will  go  on  record  to  that  effect. 

Every  local  union  in  the  district  is  going  to  be  represented. 
There  will  be  about  225  delegates  in  attendance  to  speak  for  the 
mine  workers  of  this  district  as  to  our  future  policy  regarding  — 
this  outrage  that  has  been  perpetrated  by  the  Kansas  Legisla-  - 
ture  on  the  organized  labor  movement  of  this  state.  The  fight 
must  be  made  in  Kansas  against  this  law,  because  if  we  submit 
tamely  here  to  an  outrage  of  this  kind,  it  is  only  a question  of  a 
very  short  time  until  the  working  class  of  this  entire  country 
will  be  enslaved  wdth  a law  similar  to  that  which  we  have  in 
Kansas  today. 

You  will  therefore  readily  understand  the  importance  of 
this  question  and  what  it  means  to  organized  labor,  and  also  the 
importance  of  the  fight  being  made  in  Kansas  at  this  time.  We 
can  never  agree  to  take  a backward  step,  and  we  can  never 
agree  to  surrender  the  principles  that  we  have  fought  and* 
struggled  so  long  to  establish.  It  is  for  these  reasons  that  we 
intend  to  continue  to  fight  for  the  principles  of  justice  rather 
than  submit  to  Gov.  Allen,  the  tyrant  and  would-be  destroyer  of 
organized  labor. 

I am  writing  you  at  this  time  to  see  whether  or  not  we  may 
expect  the  full  moral  and  financial  support  of  our  international 
organization  in  any  fight  that  we  may  decide  to  make  against 
this  law,  as  this  is  a fight  for  organized  labor,  not  only  in 
Kansas  but  for  organized  labor  in  the  other  states  as  well.  We 
intend  to  fight  this  law  to  a finish  whether  we  have  any  assist- 
ance from  others  or  not,  but  I am  sure  that  we  may  expect  to 
receive  the  full  assistance  of  our  international  union  in  this 
struggle  to  make  free  men  of  organized  labor  in  this  state.  The 
fight  will  be  a great  deal  easier  with  our  international  organiza- 
tion standing  with  us,  and  it  will  give  more  hope  and  encourage- 
ment to  the  mine  workers  of  District  14  who  have  always  been 
loyal  to  our  union,  and  one  thing  that  had  a great  deal  to  do 
with  causing  Gov.  Allen  to  have  this  law  passed  was  the  fact 
that  the  miners  in  this  state  refused  to  dig  coal  for  him  when  he 
toured  our  district  and  called  for  volunteers  and  urged  the 
miners  to  return  to  work. 


58 


I am  sure,  John,  if  you  take  all  these  questions  into  con- 
sideration, that  you  will  have  no  hesitancy  in  telling  me  in 
behalf  of  our  international  union  where  you  are  going  to  stand 
in  this  fight.  We  have  resolutions,  I believe,*  from  about  every 
local  union  in  our  district  condemning  Gov.  Allen  and  this  law 
that  he  was  instrumental  in  having  passed. 

I will  appreciate  it  very  much  indeed  if  you  will  write  me 
by  return  mail  and  make  your  position  clear  so  no  one  can  mis- 
understand. Write  me  to  the  Cordova  Hotel,  Kansas  City,  Mo., 
as  I am  leaving  here  Sunday  morning.  I want  to  read  your 
letter  to  the  miners  in  convention,  and  you  may  rest  assured,  if 
you  can  see  your  way  clear  to  stand  with  us  in  this  fight,  it  will 
be  appreciated  bj^  every  mine  worker  in  our  district. 

Hoping  to  receive  a favorable  reply,  I am  with  kind  regards 
Yours  very  truly, 

Signed:  Alexander  Howat, 

President  Dist.  14.’’ 

That  Lewis  received  the  letter  quoted  above  is  made  clear  by 
one  he  wrote  to  Howat.  It  reads  as  follows: 

'‘Continental  Hotel, 

New  York  City,  March  10,  1920. 

Mr.  Alexander  Howat, 

President,  District  No.  14,  U.  M.  W.  of  A., 

Pittsburg,  Kansas. 

Dear  Sir  and  Brother : 

Your  esteemed  favor  of  March  4th  was  received  in  Indian- 
apolis on  March  6th  and  forwarded  to  me  here  in  New  York, 
arriving  too  late  for  me  to  make  reply  in  time  to  reach  you  at 
the  Convention  of  District  No.  14  in  Kansas  City.  I did  not 
know  that  your  convention  was  to  be  held  on  that  date,  having 
had  no  notification.  Had  I been  aware  of  the  holding  of  the  con- 
vention, I would  have  endeavored  to  have  had  a representative 
of  the  International  union  present  to  confer  with  yourself  and 
associate  officers  in  the  matter  concerning  the  new  law  in 
Kansas. 

I have  in  mind  that  this  is  a most  serious  matter  and  re- 
quires careful  and  deliberate  consideration.  Press  dispatches 
today  in  the  New  York  papers  advise  that  the  convention  of 
District  No.  14  has  granted  you  authority  to  call  a strike  at  any 
time  you  desire  as  a protest  against  the  enactment  of  Governor 
Allen’s  industrial  court  law.  I trust  that  you  will  take  no  hasty 
action  upon  this  matter  and  that  any  action  that  may  be  taken 
will  be  subsequent  to  the  most  careful  consideration.  I shall  he 
glad  to  confer  with  you  in  person  upon  this  matter  at  some  later 
date  after  our  affairs  take  more  definite  shape  in  the  anthracite 
and  bituminous  matters.  As  I wired  you  yesterday,  the  Bitum- 
inous Coal  Commission  has  not  yet  agreed.  We  must  always 


59 


consider  the  possibility  of  a disagreement  and,  if  so,  there  may 
be  a national  suspension  of  the  mining  industry  on  April  1st, 
Consequently,  you  will  see  the  advisability  of  deferring  judg- 
ment with  respect  to  the  Kansas  situation. 

Reciprocating  your  kind  regards,  I am 
Very  truly  yours. 

Signed:  John  L.  Lewis,  President.” 

President  Lewis  also  told  the  Convention  that  Frank  P.  Walsh 
and  Attorney  Callery  lobbied  for  a compromise  hill  at  the  time  the 
industrial  court  act  was  before  the  Kansas  Legislature.  Following 
is  a telegram  from  Frank  P.  Walsh  on  the  subject.  It  reads  as 
follows : 

‘‘New  York,  N.  Y.,  Oct.  3,  1921. 

John  H.  Walker, 

Severin  Hotel,  Indianapolis,  Ind. 

Have  just  sent  following  wire  to  William  Green  care  of 
Convention.  ‘Am  advised  statement  has  been  made  to  your 
convention  that  I lobbied  for  compromise  of  industrial  court 
law  at  Topeka.  On  January  eighth  nineteen  twenty  I appeared 
in  opposition  to  the  proposed  industrial  law  before  a special 
session  of  the  Legislature  of  Kansas  representing  the  Kansas 
State  Federation  of  Labor  and  the  four  Railroad  Brotherhoods. 
Did  not  lobby  with  individual  members  of  Legislature  but  pre- 
sented an  argument  against  the  proposed  law  publicly  to  a 
joint  session  of  the  house  and  senate.  The  opening  words  of  my 
argument  taken  from  the  official  stenographic  transcript  now 
before  me  were  ‘We  oppose  every  clause  in  this  bill  and  every 
line  of  it.  ’ My  argument  was  to  the  effect  that  it  was  an  attempt 
to  impose  slavery  upon  the  workers  of  Kansas.  Afterwards 
made  many  public  speeches  and  wrote  newspaper  articles  to 
same  effect  and  adhere  to  that  position  to  this  moment.  Believe 
the  principles  urged  to  be  fundamental.  I never  lobbied  for  a 
compromise  and  opposed  then  and  will  continue  to  oppose  com- 
promise upon  such  a vital  question.  While  I am  sure  no  one 
would  intentionally  misrepresent  me  there  if  such  statements 
have  been  made  will  you  be  good  enough  to  r«ad  this  telegram  to 
the  convention  so  that  the  members  whose  good  opinion  I value 
may  be  correctly  advised.  With  my  kind  regards  and  every 
good  wish  for  a successful  convention  I am  sincerely, 

Frank  P.  Walsh’.” 

Following  is  a telegram  from  Phil  Callery,  Attorney  for  the 
Kansas  miners.  It  reads  as  follows: 

“Pittsburg,  Kan.  Oct.  17,  1921. 

Frank  Farrington, 

Mine  Workers  Bldg.,  Springfield,  111. 

The  assertion  that  I lobbied  for  compromise  industrial  court 
law  at  Topeka  is  a despicable  lie  and  contains  not  a particle  of 
truth.  Every  skunk  who  has  been  circulating  such  statements 
is  now  working  hand  in  hand  with  the  industrial  court  and  the 


60 


Coal  Operators  Association  in  their  effort  to  lash  the  miners 

back  to  the  pits  and  save  the  industrial  court  from  extinction. 

Their  conspiracy  will  fail  as  long  as  the  Kansas  miners  can  get 

a crust  of  bread  their  fight  will  go  on. 

Signed:  Phil  Gallery.’^ 

President  Lewis  also  told  how  he  had  wired  the  legislative 
representatives  of  District  No.  14  to  oppose  all  legislation  of  a com- 
pulsory kind.  Who  were  the  legislative  representatives  ? Earl 
Draper,  Chairman  of  the  Committee  appointed  by  President  Lewis 
to  draw  up  a report  on  the  election  of  organizers  and  which  com- 
mittee advised  against  their  election,  and  Thos.  Harvey,  now  “pro- 
visional” Secretary  of  District  No.  14,  by  reason  of  President  Lewis’ 
action  in  suspending  the  officers  of  that  District.  How  easy  it  would 
be  to  frame  up  any  kind  of  a story  with  them.  I venture  the  opinion 
that  if  Harvey  or  Draper  were  called  upon  to  produce  the  telegram 
Lewis  said  he  sent  them  they  could  not  do  so.  It  seems  strange  that 
he  would  wire  them  instead  of  the  President  of  District  No.  14  and 
it  seems  passing  strange  that  he  would  wire  them  and  keep  the  Presi- 
dent of  the  District  in  the  dark  as  to  what  he  had  done  on  such  an 
important  matter. 

Then  too  President  Lewis  told  the  Convention  of  how  Howat 
had  spurned  the  offer  of  the  International  Union  to  have  Attorney 
Clarkson  of  District  No.  13  inducted  into  the  fight  against  the  In- 
dustrial Court  Act,  President  Howat  could  hardly  be  blamed  for 
spurning  the  aid  of  Attorney  Clarkson.  Mr.  Clarkson  is  a high 
classed  attorney  and  an  esteemable  gentleman  and  no  one  can 
properly  say  a word  against  him  as  such,  but  he  would  hardly  be  a 
proper  person  to  make  the  fight  against  the  Industrial  Court  Act, 
considering  his  son  owns  the  coal  mine  at  Nashville,  Illinois,  and 
many  of  our  members  at  Nashville  believe  Mr.  Clarkson  himself  is 
interested  in  the  mine,  their  belief  being  based  upon  the  fact  that 
he  spends  four  and  five  days  at  a time  in  Nashville  examining  the 
mine  underground  and  on  the  surface. 

I enter  this  matter  in  my  report  because  Alexander  Howat  was 
in  prison  at  the  time  and  therefore  could  not  be  in  the  convention  to 
personally  disprove  the  false  statements  of  President  Lewis  and 
because  I do  not  like  to  remain  silent  and  see  any  man  crucified  by 
falsehoods  and  misstatements. 

In  this  connection  it  may  also  be  well  to  point  out  that  Secre- 
tary Green  did  not  read  the  telegram  from  Frank  P.  Walsh  to  the 
convention. 

Injunctions. 

Below  is  quoted  notice  of  application  for  a temporary  injunction 
and  restraining  order  to  be  made  in  the  district  court  of  the  United 
States  for  the  district  of  Indiana  at  Indanapolis  in  the  case  of 
Borderland  Coal  Corporation  vs  the  United  Mine  Workers  of 
America.  It  follows: 


61 


“To  The  International  Organization  of  The  United  Mine 
Workers  of  America;  John  L.  Lewis,  President  of  said  Or- 
ganization, Phillip  Murray,  Vice-President  of  said  Organizaton; 
William  G-reen,  Secretary-Treasurer  of  said  Organization;  Dis- 
tricts Numbers  1,  2,  5,  6,  7,  8,  9,  10,  11,  12,  13,  14,  15,  17,  18,  19, 
20,  21,  22,  23,  24,  25,  26,  27,  and  29  of  said  Organization ; Thomas 
Davis,  John  Ghizzoni,  John  O’Leary,  A.  K.  Watkins,  N.  J,  Ferry, 
Ora  Gasaway,  John  J.  Mates,  Sam  Caddy,  W.  D.  Vanhorn,  Ed 
Dobbins,  D.  H.  Watkins,  G.  L.  Peck,  Luke  Brennan,  B.  A.  Scott, 
Robert  Livett,  Frank  Walters,  W.  L.  Harrison,  William  Dal- 
yrmple,  Phillip  Juranovich,  W.  D.  Duncan,  Rodger  Quinnan, 
Andrew  Steel,  John  Livingstone,  Stephen  Ely  and  Lawrence 
Dwyer,  International  Executive  Board  Members  of  said  United 
Mine  Workers  Organization;  Frank  Kenney,  President  of  Dis- 
trict 17  of  said  Organization  and  Fred  Mooney,  Secretary- 
Treasurer  of  District  17  of  said  Organization,  and  all  the  mem-' 
hers  of  said  International  Organization  of  the  United  Mine 
Workers  of  America,  whose  names  are  unkowh  to  the  plaintiff, 
and  too  numerous  to  mention,  and  Jackson  Hill  Coal  & Coke 
Company,  Queen  Coal  & Mining  Company,  Rowlands  Power 
Consolidated  Colliery  Company,  Lower  Vein  Coal  Company, 
corporations  created  and  existing  under  the  laws  of  the  State  of 
Indiana ; P.  H.  Penna,  J.  K.  Seifert,  J.  H.  McClelland  and  W. 
J.  Snyder. 

You  and  each  of  you  are  hereby  notified  that  the  under- 
signed Borderland  Coal  Corporation,  will,  on  the  14th  day  of 
October,  1921,  at  10  o’clock  a.  m.  of  that  day  in  the  City  of 
Indianapolis,  Indiana,  make  application  to  Hon.  Albert  B. 
Anderson,  Judge  of  the  District  Court  of  the  United  States  for 
the  District  of  Indiana,  for  a temporary  injunction  and  re- 
straining order  to  enjoin  and  restrain  the  defendants,  the  Inter- 
national Organization,  United  Mine  Workers  of  America,  its 
officials,  districts,  sub  districts,  local  unions  and  members, 
from  assessing,  levying,  charging  and  collecting  any  dues  and 
assessments  levied  or  to  be  levied  or  charged  upon  or  against  its 
members  or  any  of  them  and  at  every  place  for  any  purpose  or 
purposes  whatsoever  upon  the  ground  and  for  the  reason  that 
the  said  International  Organization,  The  United  Mine  Workers 
of  America,  its  districts,  sub  districts  and  local  unions  has  be- 
come unlawful  per  se  and  is  an  unlawful  combination  and  con- 
spiracy in  restraint  of  interstate  trade  and  commerce  and  is 
acting  and  existing  in  violation  of  the  Sherman  Anti  Trust  Act 
of  1890,  the  Clayton  Anti  Trust  Act,  and  in  violation  of  the 
Constitution  of  the  United  States  and  the  Federal  Statute  en- 
acted thereunder. 

To  enjoin  and  restrain  the  defendant  coal  companies  and 
the  defendant  operators  from  collecting  or  causing  to  be  col- 
lected and  paid  over  to  said  organization  on  their  pay  rolls  all 
dues  and  assessments  levied  or  charged  by  the  officials,  repre- 
sentatives and  members  of  the  United  Mine  Workers,  upon  or 


62 


against  any  of  its  members,  employes  of  said  defendant  com- 
panies and  defendant  operators,  which  dues  and  assessments 
are  commonly  known  and  designated  “check  off/^ 

To  enjoin  and  restrain  the  defendants  and  each  of  them 
from  doing  any  further  act  or  thing  in  furtherance  of,  or  to 
bring  about  or  to  accomplish  the  objects  and  purposes  of  the 
unlawful  combination  and  conspiracy  now  existing,  which  con- 
spiracy was  entered  into  between  the  International  Organiza- 
tion, the  United  Mine  Workers  of  America,  by  and  through  its 
officials,  and  the  operators  of  the  central  competative  field  com- 
posed of  the  states  of  Ohio,  Indiana,  Illinois  and  western  Penn- 
sylvania in  the  year  1898  as  set  forth,  averred  and  complained 
of  in  the  Bill  of  Complaint  to  be  filed  in  the  above  styled  cause 
and  which  Bill  of  Complaint  has  been  lodged  with  the  Clerk  of 
the  United  States  District  Court  in  the  said  City  of  Indianapolis. 

To  enjoin  and  restrain  the  defendants,  the  United  Mine 
Workers,  its  officials,  districts,  local  unions  and  members  from 
further  maintaining,  by  any  act,  policy  or  practice  at- any  and 
all  coal  mines  or  operations  where  said  organization  has  con- 
tractural  relations  with  the  operators  of  said  mining  operations 
the  ‘closed  shop,’  and  to  enjoin  and  restrain  the  defendants 
from  doing  any  act  or  thing  to  prevent  or  interfere  with  the 
rights  of  non-union  miners  to  work  in  or  about  said  mines. 

To  enjoin  and  restrain  the  defendants  from  doing  or  causing 
to  be  done  any  act  or  thing  that  will  suppress  or  unduly  limit 
the  right  of  the  plaintiff  to  employ  non-union  labor,  or  that 
will  prevent  or  restrict  the  right  of  the  plaintiff  from  voluntarily 
contracting  with  its  employes,  and  its  employes  from  voluntarily 
contracting  with  it,  and  particularly  the  acts  of  insurrection, 
murder,  violence,  intimidation,  threats  and  other  unlawful  acts 
complained  of  in  said  Bill  of  Complaint  heretofore  referred  to. 

To  enjoin  and  restrain  the  defendants  from  doing  any  act 
or  thing  that  will  create,  or  further  tend  to  create  and  establish, 
a monopoly  of  labor  for  the  purpose  of  unreasonably  increasing 
wages  or  the  price  of  labor  above  what  it  should  be  under 
normal  conditions,  and  from,  in  any  way  interfering  with  or 
restricting  free  competition  among  those  seeking  employment 
in  the  mines  of  the  plaintiff  and  those  working  in  and  about 
the  coal  industry  of  the  country. 

To  enjoin  and  restrain  the  said  defendants  from  doing  any 
further  acts  or  things  that  will  give  a coal  producer  of  the  cen- 
tral competative  field  a monopoly  on  the  markets  for  the  sale 
of  coal  in  any  of  the  states  or  territories  of  the  United  States 
or  foreign  countries,  to  the  exclusion  of  coal  mined  by  this  plain- 
tiff and  the  other  operators  in  said  Thacker  or  Williamson  field 
and  transported  and  sold  in  interstate  trade  and  commerce. 

To  enjoin  and  restrain  the  United  Mine  Workers  organiza- 
tion, its  officials  and  representatives  and  the  operators  of  said 
central  competative  field,  from  further  doing  any  act  or  thing 


63 


that  will  lessen  the  ability  of  the  plaintiff  and  other  coal 
operators  in  said  Thacker  or  Williamson  field,  to  continue  their 
competition  with  coal  produced  by  the  operators  of  said  central 
competative  field  in  the  sale  of  their  coal  in  interstate  trade 
and  commerce. 

To  enjoin  and  restrain  the  United  Mine  Workers  organiza- 
tion from  taking  any  further  steps,  or  from  doing  any  further 
act  or  thing,  to  unionize  the  mines  of  this  plaintiff,  by  menaces, 
threats,  intimidation,  force  or  violence,  or  in  any  manner  what- 
soever, or  in  any  manner  interfering  with  the  contract  of  em- 
ployment with  its  empleyes  and  the  lawful  rights  of  this  plain- 
tiff, and  other  coal  operators  in  said  Thacker  or  Williamson 
field  to  employ  such  laborers  as  they  may  choose,  and  discharge 
them  when  and  as  they  see  fit,  either  with  or  without  cause. 

To  enjoin  and  restrain  the  United  Mine  Workers  of 
America,  its  officials,  representatives  and  agents  from  in  any 
manner  interfering  with  the  employes  of  this  plaintiff,  and  of 
other  said  coal  operators  in  said  Thacker  or  Williamson  field,  or 
with  men  seeking  employment  at  their  mines,  by  menace, 
threats,  violence,  or  injury  to  them,  their  persons,  families  or 
properties,  or  by  abusing  them,  or  their  families  or  by  doing 
them  violence,  or  doing  any  other  act  or  thing  with  the  right  of 
such  employes  and  those  seeking  employment  to  work,  upon 
such  terms  as  to  them  seem  proper,  unmolested,  and  from  in 
any  manner  injuring  or  destroying  the  property  of  plaintiff,  or 
of  said  other  coal  operators,  and  from  counseling  or  advising 
that  they  should  in  any  manner  be  injured  in  the  conduct  of 
their  said  business  and  the  enjoyment  of  their  property. 

To  enjoin  the  said  United  Mine  Workers  organization,  its 
officials,  representatives  and  agents  from  doing  any  act  or 
thing  to  induce  or  persuade  the  employes  of  this  plaintiff  and 
the  other  coal  companies  of  said  Thacker  or  Williamson  field 
to  break  their  contract  of  employment  now  existing  between 
this  plaintiff  and  its  employes  and  between  the  other  coal  com- 
panies of  said  field  and  their  employes. 

BORDEELAND  COAL  CORPORATION, 

By  A.  M.  BELCHER, 

Of  Counsel  for  Plaintiff.” 

Hearing  on  the  above  application  for  injunction  was  to  have 
been  held  in  Judge  Anderson’s  Court  on  October  14th,, but  the  hear- 
ing on  that  date  was  deferred  and  at  the  time  of  going  to  press  with 
this  report  had  not  yet  been  held,  therefore,  it  is  improper  to  ven- 
ture any  prediction  as  to  what  the  action  of  the  Court  will  be.  How- 
ever, if  the  injunction  is  granted  as  prayed  for,  it  will  be  the  most 
disastrous  blow  ever  delivered  to  the  United  Mine  Workers  of 
America  and  the  resultant  effect  cannot  be  completely  forecast,  but 
of  one  thing  we  may  be  sure  and  that  is  that  the  souls  of  men  will 
be  tried  in  the  fight  that  must  be  made  for  the  preservation  of  our 
Union  and  to  you  I say  that  the  time  has  come  when  a vigorous. 


64 


aggressive  fight  for  unionism.,  nation  wide  in  character,  must  be 
launched  against  such  measures.  It  is  almost  idle  to  be  talking 
singly  of  either  the  injunction,  the  improper  use  of  the  militia,  the 
industrial  gunmen  or  the  State  constabulary  or  police,  or  the  tie-up 
of  the  funds  of  an  organization,  because  they  are  all  in  the  same 
category.  They  are  repressive  and  oppressive  measures  used  some- 
times singly,  but  generally  in  a collective  way. 

The  assertion  must  be  made  of  the  unqualified  right  of  labor  to 
organize,  and  it  must  be  made  clear  that  this  is  an  empty  phrase  if 
thereafter  they  do  not  have  the  right  to  maintain  their  organization, 
to  strengthen  it  to  that  point  where  its  bargaining  voice  is  effective, 
and  at  least  equally  potent  with  that  of  the  employers’  bargaining 
voice. 

To  my  mind,  this  is  one  of  the  greatest  things  we  may  consider 
in  the  labor  movement.  We  must  be  bold  about  this.  We  must  say 
that  we  have  the  God-given  right  to  organize  and  that  governmental 
agencies,  whether  they  be  courts  or  executive  officers,  must  stop 
their  interference.  Laws  should  be  made  in  legislative  halls — not  in 
the  injunctions  of  judges,  either  elective  or  appointed,  and  not  in  the 
military  proclamations  of  Governors.  Labor  must  arouse  itself  to 
this  situation  and  make  a determined,  unflinching  fight  against  such 
oppressive  and  repressive  measures. 

Believing  that  we  were  justified  in  resorting  to  any  available 
measure  to  protect  our  Union  against  the  aggression  of  its  enemies, 
I instructed  our  Chief  Counsel,  Mr.  A.  W.  Kerr,  to  prepare  a bill 
asking  the  Circuit  Court  of  Franklin  County  to  issue  a writ  of  in- 
junction enjoining  against  certain  things  being  done  against  our 
Union.  The  bill  as  presented  to  the  court  reads  as  follows : 

'‘State  of  Illinois,  Franklin  County,  ss:  In  the  Circuit  Court, 
to  the  November  Term,  A.  D.  1921. 

Bill  For  Injunction. 

To  the  Honorable  Charles  H.  Miller,  Judge  Presiding — In 
Chancery  Sitting: 

Your  orators,  Frank  Farrington,  Harry  Fish  wick,  Walter 
Nesbit  as  individuals  and  as  President,  Vice-President  and 
Secretary-Treasurer,  respectively,  of  the  withinafter  named 
12th  District  United  Mine  Workers  of  America,  Michael 
Pietzrak,  Joseph  Macona,  George  Stoffer,  Allan  S.  Haywood, 
John  Young,  Fullerton  Fulton,  James  Walker,  Dave  Wilson, 
William  Hutton,  Hugh  Willis,  David  Babington,  Charles  Grace 
and  Edward  Dobbins,  individually  and  together  with  the  3 first 
named  herein  constituting  the  District  Board  of  said  12th  Dis- 
trict United  Mine  Workers  of  America  and  as  such  District 
Board,  and  John  Schultz,  a member  of  Local  Union  No.  1959 
of  said  12th  District,  all  but  the  last  named  representing  that 
they  have  been  for  years  last  past  residents  of  the  State  of 
Illinois,  and  the  said  John  Schultz  representing  that  for  2 
years  and  upwards  last  past  he  has  been  a resident  of  the 


65 


County  of  Franklin  in  said  State  of  Illinois;  that  all  but  the 
last  named  were  and  now  are  officials  of  said  12th  District 
United  Mine  Workers  of  America  duly  and  legally  elected  to 
such  positions  under  and  by  virtue  of  the  constitution  and  laws 
of  said  12th  District  United  Mine  Workers  of  America  ; that  they 
regularly  assumed  the  performance  of  the  duties  of  their  re- 
spective offices  and  are  now  acting  in  such  capacities ; that  said 
12th  District  United  Mine  Workers  of  America  is  a District  of 
the  United  Mine  Workers  of  America;  that  said  District  has  a 
membership  in  the  State  of  Illinois  of  ninety  thousand  (90,000) 
and  upwards;  that  for  many  years  it  has  been  the  instru- 
mentality or  agency  through  which  the  bituminous  coal  miners 
working  in  'the  coal  mines  of  the  State  of  Illinois  have  dealt 
with  the  owners  and  operators  of  said  coal  mines  with  relation 
to  terms  and  conditions  of  employment;  that  for  a number  of 
years  there  has  existed  in  the  said  State  of  Illinois  and  else- 
where in  the  United  States  of  America  a contract  between 
various  operators  associations  and  the  United  Mine  Workers 
of  America;  that  said  12th  District  is  in  a contract  between 
what  is  knowm  as  the  organized  miners  of  the  Central  Competi- 
tive Field  and  the  coal  owners  and  operators  of  the  said  Central 
Competitive  Field. 

That  in  and  within  the  State  of  Illinois  the  greater  number 
of  the  operators  of  coal  mines  are  in  and  members  of  what  is 
know  as  3 operators  associations,  namely,  (a),  Illinois  Coal 
Operators  Association,  (b),  5th  and  9th  Districts  Coal  Operators 
Association,  and  (c).  Central  Illinois  Operators  Association; 
that  the  powers,  functions  and  work  of  said  last  mentioned  coal 
operators  associations  is  performed  all  within  the  State  of 
Illinois  with  reference  to  the  carrying  out  and  enforcement  of 
the  contract  hereinbefore  mentioned. 

That  for  years  in  and  within  the  State  of  Illinois  only  the 
said  12th  District  United  Mine  Workers  of  America  acting  for 
its  members  all  of  whom  reside  within  the  State  af  Illinois  have 
adjusted  differences  arising  out  of  the  employment  of  its  mem- 
bers in  the  said  coal  mines  with  the  said  mentioned  coal 
operators  associations ; that  this  has  been  by  mutual  agreement 
and  by  virtue  of  the  terms  of  the  contract  aforesaid. 

12th  District  of  the  United  Mine  Workers  of  America  is  a 
voluntary  unincorporated  society  formed  solely  for  the  purpose 
of  advancing  the  moral,  educational  and  industrial  interests  of 
the  men  residing  in  the  said  State  of  Illinois  who  labor  in  its 
coal  mines;  that  out  of  the  Industrial  system  in  the  United 
States  of  America  and  in  the  State  of  Illinois  coal  mining  and 
many  other  large  adventures  of  capital  are  pursued  through 
corporations  many  times  with  large  capital  and  large  numbers 
of  stockholders ; that  the  personal  contact  between  employer 
and  employee  as  it  existed  half  a century  ago  is  missing  in  the 
modern  relation;  that  out  of  this  and  many  other  situations 
arose  the  necessity  for  the  organization  and  banding  together 


66 


of  the  men  who  labored  in  the  coal  mines  of  this  state  as  has 
as  well  been  necessary  or  deemed  necessary  in  other  large  in- 
dustries in  the  state;  that  the  individual  miner  could  not  well 
alone  speak  his  desires  nor  his  demands;  that  equality  of  bar- 
gaining power  did  not  exist  in  fact  between  an  organized  em- 
ployer and  a single  coal  miner;  that  for  years  in  the  State  of 
Illinois  the  right  of  such  organization  on  the  part  of  the  coal 
miners  and  others  has  been  fully  and  freely  conceded  legally 
and  morally ; that  in  addition  to  the  adjustment  of  differences 
arising  under  contract  heretofore  mentioned  the  said  12th  Dis- 
trict United  Mine  Workers  of  America  acts  for  its  membership 
in  securing  the  adoption  and  passage  of  laws  in  the  State  of 
Illinois  for  the  protection  of  life  and  limb  in  the  very  hazardous 
occupation  of  mining  coal  in  the  said  State  of  Illinois  that  many 
of  the  miners  of  this  state  are  killed  in  the  course  of  a year  in 
the  employment  and  many  taken  by  death  before  a natural  time 
by  the  conditions  of  work ; that  for  the  relief  of  those  surviving 
and  the  proper  burial  of  the  deceased  it  was  deemed  proper  to 
establish  a fund  in  the  nature  of  a funeral  and  death  benefit ; 
that  in  addition  to  the  many  miners  killed  in  the  course  of  the 
business  of  mining  coal  several  thousand  are  annually  injured; 
that  it  was  necessary  to  seek  to  have  the  industry  bear  this 
human  loss  resulting  from  the  killing  and  maiming  of  the 
miners ; that  to  that  end  legislation  was  sought  through  the  chan- 
nels and  agency  of  said  12th  District  acting  for  its  members  upon 
the  securing  of  the  passage  of  this  legislation  known  as  ‘The 
Workmen’s  Compensation  Act’  it  was  thought  best  to  create 
a legal  department;  the  agencies  and  activities  aforesaid  are 
only  a part  of  the  functions  performed  by  the  said  12th  District 
United  Mine  Workers  of  America  acting  for  its  members  all  in 
the  State  of  Illinois ; that  to  the  ends  aforesaid  it  was  necessary 
to  create  and  keep  maintained  a fund  or  treasury  out  of  which 
these  obligations  were  to  be  met ; that  such  a fund  was  created 
and  has  always  been  maintained  since  its  creation  in  varying 
amounts ; that  at  present  such  fund  is  $2,000,000.00  and  up- 
wards ; that  this  fund  is  maintained  by  voluntary  contribution  of 
1%  of  the  earnings  of  the  members  of  said  12th  District  United 
Mine  Workers  of  America  and  that  the  disbursements  for  the 
activities  aforesaid  are  all  made  to  members  within  the  State  of 
Illinois  or  to  their  beneficiaries ; that  the  creation,  maintenance 
and  disbursement  of  said  fund  or  treasury  are  all  made  under 
and  by  virtue  of  the  constitution  and  laws  of  the  said  12th  Dis- 
trict United  Mine  Workers  of  America;  that  to  deplete  said 
fund  by  or  through  any  other  agency  would  be  violative  of  the 
legal  rights  of  the  membership  of  said  12th  District  United  Mine 
Workers  of  America;  that  to  have  the  same  attached  or  dis- 
tributed or  ordered  paid  out  through  channels  or  for  purposes 
other  than  those  provided  for  in  the  constitution  and  laws  of  said 
12th  District  would  be  violative  of  the  legal  rights  of  said  12th 
District  and  of  its  membership  in  behalf  of  whom  your  orators 
file  this  bill  as  well  as  in  their  own  behalf. 


67 


Your  orators  aver  the  fear  of  an  effort,  and  aver  that 
coercive  measures  are  about  to  be  taken  to  compel  the  defend- 
ants hereinafter  named,  to  declare  the  existence  of  the  said 
District  Organization  and  its  purpose  or  purposes  to  be  unlawful 
and  the  assessing,  levying,  charging  and  collecting  of  dues  and 
assessments  levied  or  to  be  levied  or  charged  upon  or  against 
its  members  or  any  of  them  in  the  State  of  Illinois  to  be  unlaw- 
ful. 

To  refuse  to  collect  or  cause  to  be  collected  and  paid  over  to 
said  organization  dues  and  assessments  aforesaid  to  the  said 
District  which  dues  and  assessments  have  heretofore  been  paid 
over  under  a system  designated  as  a check-off  to  seek  to  inter- 
fere with  the  program  or  policy  of  said  12th  District  in  seeking 
to  induce  by  peaceful  means  all  men  who  work  in  the  coal  mines 
of  this  State  to  unite  with  said  District  Organization  to  attack 
the  fund  or  treasury  hereinbefore  mentioned  by  various  devices 
other  than  that  of  preventing  its  replenishment,  to  treat  said 
fund  or  treasury  as  an  illegal  accumulation  of  funds  by  said 
District  Union,  all  of  which  are  contrary  to  the  legal  rights  of 
the  complainants  and  your  orators  believe  that  unless  restrained 
by  the  Injunction  of  this  Honorable  Court  that  the  measures 
aforesaid  will  be  taken. 

FORASMUCH,  THEREFORE,  as  your  orators  are  without 
remedy  in  the  premises  except  in  a Court  of  Equity  your  orators 
pray  that  the  defendants.  The  Illinois  Coal  Operators  Associa- 
tion, 5th  and  9th  Districts  Coal  Operators  Association,  Central 
Illinois  Coal  Operators  Association,  Black  Star  Coal  Company, 
and  all  persons,  firms  or  corporations  engaged  in  the  operation 
of  coal  mines  in  this  State  whose  names  are  to  these  complain- 
ants unknown,  their  agents,  attorneys,  solicitors,  and  all  acting 
in  concert  with  them  and  all  other  persons  whomsoever  or 
groups  of  persons  acting  or  threatening  to  act  with  like  intent 
and  purpose  or  to  the  same  end  may  be  perpetually  enjoined 
and  restrained  by  the  order  and  injunction  of  this  Honorable 
Court  from  declaring  the  existence  of  the  said  District  Or- 
ganization to  be  unlawful  or  from  treating  the  same  as  such 
and  from  declaring  or  treating  its  purpose  or  purposes  to  be 
unlawful  and  from  in  any  manner  interfering  with  assessing, 
leving,  charging  and  the  collecting  of  dues  and  assessments 
heretofore  levied  or  to  be  levied  or  charged  upon  or  against 
the  members  of  said  District  organization  or  any  of  them  in  the 
State  of  Illinois  and  from  in  any  manner  interfering  with  the 
said  members  or  the  coal  owners  or  operators  mentioned  in  this 
bill  from  paying  the  moneys  so  collected  by  them  over  to  said 
District  Organization  or  from  refusing  to  collect  or  cause  to  be 
collected  and  paid  over  to  said  District  Organization  dues  and 
assessments  or,  from  abandoning  the  check-off  system  now  in 
effect  between  said  12th  District  and  the  members  of  said 
Operators  Associations  in  said  Bill  named  or  from  interfering 
in  any  manner  in  the  peaceful  persuasion  of  miners  employed 


68 


in  the  coal  mines  of  this  state  to  join  with  the  members  of  said 
District  Organization  in  said  Union  or  from  attacking  the 
validity  of  the  accumulated  fund  now  in  the  Treasury  of  said 
District  Organization  by  means  of  attachment,  suits  to  impound 
the  same  or  any  other  means  by  which  the  full  and  free  use  of 
the  said  fund  and  treasury  may  not  be  available  to  the  officers 
and  members  of  said  District  Union  in  accordance  with  the  Con- 
stitution and  Laws  of  the  said  District  Union  or  from  in  any 
manner  treating  the  said  fund  or  treasury  as  an  illegal  accumu- 
lation of  funds  by  said  District  or  from  by  any  means  whatso- 
ever interfering  with  the  replenishment  of  the  said  fund  as  the 
same  shall  be  exhausted  and  as  the  same  is  now  accomplished 
under  the  said  agreement  or  from  in  any  manner  interfering 
with  the  disbursement  of  the  said  funds  by  the  constituted 
officers  of  said  District  Union  in  the  manner  provided  for  in  the 
Constitution  Laws  of  said  District  Union  and  that  your  orators 
may  have  such  other  and  further  relief  in  the  premises  as  Equity 
may  require  and  to  the  Court  shall  seem  mete. 

May  it  also  please  the  Court  to  grant  unto  your  orators  the 
People’s  Writ  of  Injunction  enjoining  and  restraining  the  acts 
and  things  mentioned  in  the  foregoing  paragraph  until  the 
further  order  of  the  Court. 

May  it  please  your  Honor  to  grant  unto  your  orators  the 
Writ  of  Summons  in  Chancery  directed  to  the  Sheriff  of  Frank- 
lin County,  commanding  him  to  summon  the  Illinois  Coal  Opera- 
tors Association,  5th  and  9th  Districts  Coal  Operators  Associa- 
tion, Central  Illinois  Coal  Operators  Association  and  Black  Star 
Coal  Company,  if  they  may  be  found  in  your  County  to  appear 
at  the  November  Term  of  said  Court,  to  be  held  in  the  Court 
House  in  the  City  of  Benton,  on  the  28th  day  of  November, 
1921,  then  and  there  to  answer  this  bill. 

Frank  Farrington, 

Harry  Fishwick, 

Walter  Nesbit, 

Michael  Pietzrak, 

Joseph  Ma^iona, 

George  Stoffer, 

Allan  S.  Haywood, 

John  Young, 

Fullerton  Fulton, 

James  Walker, 

Dave  Wilson, 

William  Hutton, 

Hugh  Willis, 

David  Babington, 

Charles  Grace, 

Edward  Dobbins, 
and  John  Schultz. 

By  A.  W.  Kerr  and  W.  P.  Seeber, 

Sols,  for  Complainants.” 


69 


The  injunction  was  issued,  as  prayed  for,  by  the  circuit  court  of 
Franklin  County.  Judge  Charles  H.  Miller  presiding,  on  October  5, 
1921,  and  reads  as  follows: 

Copy  of 

WRIT  OF  INJUNCTION. 

The  People  of  the  State  of  Illinois ; to  Illinois  Coal  Opera- 
tors Association,  5th  and  9th  Districts  Coal  Operators  Associa- 
tion, Central  Illinois  Coal  Operators  Association,  Black  Star 
Coal  Company,  and  all  persons,  firms  or  corporations  engaged 
in  the  operation  of  coal  mines  in  this  State  whose  names  are  to 
these  complainants  unknown,  their  agents,  attorneys,  solicitors 
and  all  acting  in  concert  with  them  and  all  other  persons  whom- 
soever or  groups  of  persons  acting  or  threatening  to  act  with 
like  intent  and  purpose  or  to  the  same  end, 

GREETING: 

You  are  hereby  enjoined  and  restrained  by  the  order  and 
injunction  of  this  Honorable  Court  from  declaring  the  existence 
of  the  said  12th  District  United  Mine  Workers  of  America  to 
be  unlawful  or  from  treating  the  same  as  such  and  from  declar- 
ing or  treating  its  purpose  or  purposes  to  be  unlawful  and 
from  in  any  manner  interfering  with  assessing,  levying,  charg- 
ing and  the  collecting  of  dues  and  assessments  heretofore  levied 
or  to  be  levied  or  charged  upon  or  against  the  members  of  said 
District  Organization  or  any  of  them  in  the  State  of  Illinois  and 
from  in  any  manner  interfering  with  the  said  members  or  the 
coal  owners  or  operators  mentioned  in  this  bill  from  paying 
the  moneys  so  collected  by  them  over  to  said  District  Organiza- 
tion or  from  refusing  to  collect  or  cause  to  be  collected  and 
paid  over  to  said  District  Organization  dues  and  assessments 
or  from  abandoning  the  check-off  system  now  in  effect  between 
said  12th  District  and  the  members  of  said  Operators  Associa- 
tion in  said  Bill  named  or  from  interfering  in  any  manner  in  the 
peaceful  persuasion  of  miners  employed  m the  coal  mines  of 
this  State  to  join  with  the  members  of  said  District  Organiza- 
tion in  said  Union  or  from  attacking  the  validity  of  the 
accumulated  fund  now  in  the  Treasury  of  said  District  Or- 
ganization by  means  of  attachment,  suits  to  impound  the  same 
or  any  other  means  by  which  the  full  and  free  use  of  the  said 
fund  and  treasury  may  not  be  available  to  the  officers  and 
members  of  said  District  Union  in  accordance  with  the  Consti- 
tution and  Laws  of  the  said  District  Union  or  from  in  any 
manner  treating  the  said  fund  or  treasury  as  an  illegal  accumu- 
lation of  funds  by  said  District  Union  or  from  by  any  means 
whatsoever  interfering  with  the  replenishment  of  the  said  fund 
as  the  same  shall  be  exhausted  and  as  the  same  is  now  accom- 
plished under  the  said  Agreement  or  from  in  any  manner  inter- 
fering with  the  disbursement  of  the  said  fund  by  the  constituted 
officers  of  said  District  Union  in  the  ma^er  provided  for  in  the 
Constitution  Laws  of  said  District  Union,  until  a hearing  of 
said  Bill  of  Complaint  in  the  Circuit  Court  of  said  Franklin 


70 


County,  or  until  this  Honorable  Court  in  Chancery  sitting  shall 
make  other  order  to  the  contrary  hereof,  failing  not  under  the 
penalty  of  what  the  law  directs. 

To  the  Sheriff  of  Franklin  County  to  execute  and  return 
in  due  form  of  law. 

WITNESS,  P.  D.  Whittington,  Clerk  of  the  Circuit  Court 
of  the  County  of  Franklin  and  State  of  Illinois,  and  the  seal 
thereof,  in  Benton,  in  said  County,  this  5th  day  of  October,  A.  D. 

JL. 

Signed : F.  D.  Whittington, 

Clerk  of  the  Circuit  Court. 

The  above  is  sumitted  without  further  comment.  We  must  now 
await  eventualities. 

Wage  Scale. 

Considering  the  action  of  our  International  Convention,  which 
decided  to  take  no  action  on  interstate  wage  scale  matters  until  the 
Convention  is  reconvened,  which,  according  to  the  action  of  the 
Convention,  is  to  be  done  not  later  than  February  14th,  1922,  there 
is  nothing  that  can  be  done  by  this  Convention  in  the  way  of  formu- 
lating a District  Wage  Scale  policy,  for  the  reason  that  a basic 
interstate  policy  must  be  formulated  before  we  can  intelligently 
proceed  to  formulate  a district  wage  scale  policy.  Therefore,  I 
recommend  that  this  Convention  dispose  of  all  matters  properly 
belonging  to  our  regular  District  Convention,  excepting  wage  scale 
matters,  and  that  we  then  adjourn  to  meet  again  upon  a date  that 
will  be  suitable  to  give  consideration  to  all  wage  scale  matters.  In 
the  meantime  I advise  all  our  members  to  conserve  their  means  to 
the  fullest  extent  possible,  both  at  home  and  in  our  local  unions, 
so  that  we  may  be  as  Well  prepared  as  is  possible  to  meet  any  condi- 
tion that  may  confront  us  at  the  termination  of  our  existing  wage 
agreement. 

Conclusion. 

During  our  deliberations  every  delegate  will  be  given  the  great- 
est freedom,  consistent  with  the  rules  of  the  Convention,  to  discuss 
all  questions  properly  coming  before  the  Convention. 

So  far  as  I know,  your  officers  have  nothing  to  conceal  from 
you  and  as  for  myself,  I know  I have  not.  There  is  no  reason  why 
your  officers  cannot  take  you  into  their  confidence  and  I know  of  no 
reason  why  you  should  not  take  them  into  yours,  and  all  of  us  apply 
ourselves  with  diligence  and  mutual  confidence  to  the  problems 
coming  before  the  Convention. 

To  my  official  associates  I extend  my  sincere  thanks  for  the  help 
they  have  given  me.  Their  advice  has  been  indispensable  and  our 
relations  have  been  pleasant  and  they  have  done  much  to  lighten  the 
burdens  of  my  position. 


71 


To  you,  I say  in  all  earnestness,  that  in  preparing  this  report  I 
have  not  sought  to  satisfy  any  political  ambition.  I am  quite  content 
to  continue  as  your  President  and  to  cooperate  with  every  officer 
and  every  member  that  will  honestly  work  in  a constructive  way 
for  the  betterment  of  our  Union,  and  on  the  other  hand  I shall  con- 
tinue to  oppose,  as  best  I can,  those  who  resort  to^  falsehood  and 
deception  to  delude  our  membership  and  whose  dominant  traits  are 
dishonesty,  malice,  arrogance,  pomp  and  sham  and  who  place  their 
personal  interest  above  the  affairs  and  betterment  of  our  Union.  I 
shall  do  this  because  of  the  conviction  that  our  Union  cannot  live 
and  prosper  when  the  policies  of  dishonest,  selfish  men  prevail,  and 
I shall  be  against  all  who  are  against  the  Illinois  Mine  Workers. 

If  you  are  in  accord,  with  my  position  as  herein  expressed,  I 
solicit  your  cooperation  and  support.  If  you  are  not,  then  it  is 
best  for  you  that  you  select  my  successor,  as  I shall  not  alter  my 
determination  to  oppose  wrong  in  our  Union,  no  matter  where  or  in 
what  form  it  may  be  found. 

I express  the  hope  that  our  deliberations  may  be  harmonious 
and  productive  of  much  good  for  those  whom  we  represent  and  to 
you,  and  through  you  to  our  membership,  I express  my  profound 
appreciation  of  the  splendid  support  given  me  and  to  all  I express 
the  desire  that  we  may  be  united  in  thought  and  deed  so  that  by  our 
crystalized  action  we  may  bring  more  light  and  happiness  into  the 
lives  and  homes  of  those  who  make  up  the  United  Mine  Workers  of 
America. 


Respectfully  submitted, 


M 


*■  - 


ILLINOIS  MINE  WORKERS’  BUILDING 

4TH  & MONROE  STREETS 
SPRINGFIELD,  ILLINOIS 

Purchased  July  1st,  1921,  by  District  No.  12,  United  Mine  Workers  of  America, 

Cost  $275,000.00 


